Common use of Advances, Investments and Loans Clause in Contracts

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) 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; (d) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements; (e) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stockCapital Stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (collectively, "Investments")Equivalents, except: (a) the Borrower and its Subsidiaries Mission Entities may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired enter into Interest Rate Protection Agreements in the ordinary course of business and payable or dischargeable in accordance compliance with customary trade terms (including the dating of receivables) of the Borrower or such SubsidiarySection 8.05(f); (c) the Borrower and its Credit Parties may make equity contributions to the capital of their respective 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 businessthat are Credit Parties; (d) Interest Rate Protection Agreements entered into any purchase or acquisition of Capital Stock as permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsSection 8.04 (including by waiver or consent); (e) advances, loans and investments in existence on the Effective Date and listed on Annex V Schedule 8.10(e) shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Date); (f) any Mission Entity may establish or create new Wholly-Owned Subsidiaries so long as (i) at least 30 days' prior written notice thereof (or such lesser notice as is acceptable to the Administrative Agent) is given to the Administrative Agent, (ii) the Capital Stock of such new Subsidiary is pledged pursuant to, and to the extent required by, this Agreement and the Pledge Agreement and the certificates, if any, representing Capital Stock, together with stock powers duly executed in blank, are delivered to the Collateral Agent, (iii) such further obligations are new Subsidiary executes Guaranty Supplements, a Joinder to Security Agreement and a Joinder to Pledge Agreement, and (iv) such new Subsidiary, to the extent requested by the Administrative Agent or the Majority Banks, takes all actions required pursuant to Section 7.16. In addition, each new Wholly-Owned Subsidiary that is required to execute any Loan Document shall execute and deliver, or cause to be executed and delivered, all other relevant documentation of the type described in Section 5.01 as such new Subsidiary would have had to deliver if such new Subsidiary were a Credit Party on such Annex V)the Effective Date; (g) the Mission Entities may make loans and advances to their respective employees in the ordinary course of business in an aggregate principal amount for all Mission Entities not to exceed $100,000 at any time outstanding; and (h) the Borrower may make intercompany loans and advances to any Wholly-Owned Subsidiary of the Borrower which is a Credit Party.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), exceptexcept that the following shall be permitted: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bi) the Borrower and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) terms, and the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) Investments 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; (dii) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations and its Subsidiaries may acquire and hold or invest in interest rates in respect of the Obligations cash and other Hedging AgreementsCash Equivalents; (eiii) advancesthe Borrower and its Subsidiaries may receive non-cash consideration in connection with any asset sale permitted by Sections 9.02(iii), loans (iv), (vi), (vii) and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date xiv) but only to the extent set forth in such further obligations are Sections 9.02(iii), (iv), (vi), (vii) and (xiv); (iv) the Borrower and its Subsidiaries may hold the Investments held by them on the Initial Borrowing Date and described on Schedule X, provided that any additional Investments made with respect thereto shall be permitted only if independently justified under the other provisions of this Section 9.05; (v) the Borrower and its Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such Annex Vloans and advances) shall not exceed $2,000,000; (vi) the Borrower may enter into Interest Protection Agreements to the extent permitted by Section 9.04(iii); (vii) the Borrower and its Subsidiaries may enter into Other Hedging Agreements to the extent permitted by Section 9.04(vii); (viii) the Borrower and the Subsidiary Guarantors may make intercompany loans and advances between or among one another (collectively, "Intercompany Loans"), so long as each Intercompany Loan shall be evidenced by an Intercompany Note that is pledged to the Collateral Administrative Agent pursuant to the Pledge Agreement, and the Borrower and the Subsidiary Guarantors may make cash Investments to their Subsidiaries to the extent that such Subsidiaries are Subsidiary Guarantors; (ix) the Borrower and the Subsidiary Guarantors may make intercompany loans and advances to non-Wholly-Owned Subsidiaries and other Persons to the extent permitted by Section 9.07, so long as any such intercompany loan or advance that is evidenced by a note shall be pledged to the Collateral Administrative Agent pursuant to (and to the extent required by) the Pledge Agreement; (x) to the extent that the Existing Glendale Debt is to be refinanced (in whole or in part) with proceeds of Loans made on or prior to the Tranche A Term Loan Commitment Termination Date, the Borrower may make an intercompany loan to the Joint Venture that has incurred the Existing Glendale Debt in an amount not to exceed the amount of such Existing Glendale Debt, so long as such intercompany loan shall be evidenced by a note that is pledged to the Collateral Administrative Agent pursuant to the Pledge Agreement; (xi) RFS may contribute to a newly-formed Wholly-Owned Subsidiary of RFS ("RFS Sub") one or more of the leasehold interests held by RFS in the RFS REIT Leases, together with a corresponding portion of the RFS REIT Equity held by RFS, in each case in connection with the securitization of RFS REIT's fee interest in the hotels leased to RFS pursuant to such RFS Leases; and (xii) the Borrower and its Subsidiaries may make additional Hotel Investments to the extent permitted by Section 9.07.

Advances, Investments and Loans. The Parent Guarantors and the Borrower will not, and will not permit any Credit Party or any of its their respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stockCapital Stock, obligations or securities of, or any other 112 interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (collectively, "Investments")Equivalents, except: (a) the Borrower and its Subsidiaries Nexstar Entities may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired enter into Interest Rate Protection Agreements in the ordinary course of business and payable or dischargeable in accordance compliance with customary trade terms (including the dating of receivables) of the Borrower or such SubsidiarySection 8.05(f); (c) the Borrower and its Credit Parties may make equity contributions to the capital of their respective Subsidiaries may acquire and own investments that are Credit Parties (including debt obligations) received in connection with or prior to the bankruptcy or reorganization effective time of suppliers and customers and in settlement of delinquent obligations ofthe Mergers, and other disputes withto Nexstar Finance Holdings II, customers and suppliers arising in the ordinary course case of businessthose Parent Guarantors that collectively own all of the issued and outstanding Capital Stock of the Nexstar Finance Holdings II); (d) Interest Rate Protection Agreements entered into any purchase or acquisition of Capital Stock as permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsSection 8.04 (including by waiver or consent); (e) advances, loans and investments in existence on the Effective Date and listed on Annex V Schedule 8.11(e) shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Date); (f) any Nexstar Entity may establish or create new Wholly-Owned Subsidiaries so long as (i) at least 30 days' prior written notice thereof (or such lesser notice as is acceptable to the Administrative Agent) is given to the Administrative Agent, (ii) the Capital Stock of such new Subsidiary is pledged pursuant to, and to the extent required by, this Agreement and the Pledge and Security Agreement and the certificates, if any, representing Capital Stock, together with stock powers duly executed in blank, are delivered to the Collateral Agent, (iii) such further obligations are new Subsidiary executes Guaranty Supplements, a Joinder to Security Agreement and a Joinder to Pledge and Security Agreement, and (iv) such new Subsidiary, to the extent requested by the Administrative Agent or the Majority Banks, takes all actions required pursuant to Section 7.16. In addition, each new Wholly-Owned Subsidiary that is required to execute any Loan Document shall execute and deliver, or cause to be executed and delivered, all other relevant documentation of the type described in Section 5.01 as such new Subsidiary would have had to deliver if such new Subsidiary were a Credit Party on such Annex Vthe Effective Date; (g) the Nexstar Entities may make loans and advances to their respective employees in an aggregate principal amount for all Nexstar Entities not to exceed $500,000 at any time outstanding plus amounts paid pursuant to the Management Loan Guaranty; (i) the Borrower may make intercompany loans and advances to any Wholly-Owned Subsidiary of the Borrower which is a Credit Party, (ii) prior to the effective time of the Mergers, Nexstar Finance Holdings II may make loans to Nexstar Finance Holdings as permitted under Section 8.05(i) and (iii) Nexstar Finance Holdings may make loans to the Borrower as permitted under Section 8.05(i);; and (i) Indebtedness permitted under Section 8.05(j).

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, Investment or contract to make any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower and its Subsidiaries may acquire and hold Closing Date as set forth on Schedule 1.1(a); (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables and advances to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) the Borrower Investments in and its Subsidiaries may acquire loans to any Credit Party; (e) loans and own investments advances to officers, directors and employees in an aggregate amount not to exceed $250,000 at any time outstanding; provided that such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsPermitted Acquisitions; (eh) advances, loans Investments in Foreign Subsidiaries and investments Investments in existence on the Effective Date joint ventures in an aggregate amount not to exceed $250,000 at any one time outstanding; (i) Hedging Agreements and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only other Bank Products to the extent permitted hereunder; (j) Investments made by any Person that becomes a Subsidiary after the date hereof; provided that such further obligations Investments exist at the time such Person becomes a Subsidiary and are described on not made in contemplation of or in connection with such Annex V);Person becoming a Subsidiary; and (k) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of $1,000,000 at any one time outstanding.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower and its Subsidiaries or any Subsidiary may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries any Subsidiary may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the intercompany Indebtedness described in Section 8.04(b) shall be permitted; (d) loans and advances to employees in the ordinary course of business in an aggregate principal amount not to exceed $500,000 at any time outstanding shall be permitted; (e) the Borrower and its Subsidiaries each Subsidiary Guarantor 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; (df) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementspermitted by Section 8.04(f) shall be permitted; (eg) advancesthe Borrower or any Subsidiary Guarantor may make Permitted Acquisitions, loans and Permitted Investments (in accordance with the requirements contained in the definition thereof) and/or make investments in existence on Permitted Joint Ventures not to exceed $1,000,000 (plus amounts returned to the Effective Date and listed on Annex V shall be permittedBorrower as a result of sales of such investment or pursuant to a dividend payment thereunder), without in the aggregate for all the foregoing plus the Available Excess Cash Flow Amount at the time of the making thereof (before giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex Vthereto); (h) the Borrower may make contributions to an employee stock ownership plan, provided such contributions are in Common Stock; and (i) the Borrower may hold the promissory notes acquired in accordance with Section 8.02(f).

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, Investment or contract to make any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower Closing Date as set forth on Schedule 1.1(a) and its Subsidiaries may acquire any renewals, refinancings or extensions thereof in a principal amount not in excess of that outstanding as of the date of such renewal, refinancing or extension and hold the terms of any such renewal, refinancing or extension are not materially less favorable to the obligor thereunder; (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables, advances and payments to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) Investments not otherwise contemplated by the Borrower other clauses of this Section 6.5, which when taken together with Indebtedness permitted by Section 6.1(d) and its Subsidiaries may acquire Dispositions by Section 6.4(a)(v), do not exceed the amounts and own investments limitations permitted by Section 6.1(d); (e) loans and advances (excluding customary reimbursement expenses in the ordinary course of business) to officers, directors and employees in an aggregate amount not to exceed $100,000 at any time outstanding; provided that such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsPermitted Acquisitions; (eh) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Bank Products to the extent permitted hereunder; (i) Investments constituting Indebtedness permitted under Section 6.1; and (j) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that such further obligations are described on such Annex V);loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of $1,000,000 at any one time outstanding.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contractcontract (each of the foregoing an “Investment” and, or hold any cash, Cash Equivalents (collectively, "“Investments"”), exceptexcept that the following shall be permitted: (ai) the Borrower and its Subsidiaries may invest (x) make advances of premium payments on behalf of customers under insurance premium financing arrangements established for brokerage clients in Cash and Cash Equivalents; the ordinary course of business on terms customary for insurance brokers, (by) the Borrower and its Subsidiaries may acquire and hold receivables accounts receivable owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary, and (z) make expense prepayments (including, without limitation, advances to cover matters that are reasonably expected at the time of such advance to be treated as an advance) in the ordinary course of business; (cii) the Borrower and its Subsidiaries may acquire and hold cash and Cash Equivalents; (iii) the Borrower and its Subsidiaries may hold the Investments held by them on the Effective Date and described on Schedule 8.09, provided that any additional Investments made with respect thereto shall be permitted only if independently justified under the other provisions of this Section 8.09; (iv) 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 good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (dv) the Borrower and its Subsidiaries may make advances to their officers and employees for moving, relocation and travel expenses and other expenditures, in each case in the ordinary course of business in an aggregate amount not to exceed $2,000,000 at any time (determined without regard to any write-downs or write-offs of such loans and advances); (vi) the Borrower may acquire and hold obligations of one or more officers, directors or other employees of the Borrower or any of its Subsidiaries in connection with such officers’, directors’ or employees’ acquisition of shares of capital stock of the Borrower so long as no cash is paid by the Borrower or any of its Subsidiaries to such officers, directors or employees in connection with the acquisition of any such obligations; (vii) the Borrower may enter into Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementsextent permitted by Section 8.05(iii); (eviii) advancesthe Borrower and its Subsidiaries may acquire and hold promissory notes and other non-cash consideration issued by the purchaser of assets in connection with a sale of such assets to the extent permitted by Section 8.07(iv); (ix) (A) the Borrower and the Subsidiary Guarantors may make equity contributions to their respective Subsidiaries that are Subsidiary Guarantors, loans so long as the security interest granted to the Collateral Agent for the benefit of the Secured Creditors pursuant to the Security Documents in the assets subject to such equity contribution shall remain in full force and investments effect and perfected (to at least the same extent as in existence on effect immediately prior to such contribution), and (B) the Effective Date Borrower and listed on Annex V the Subsidiary Guarantors may make intercompany loans, guarantees and advances between or among one another (collectively, “Intercompany Loans”), so long as each Intercompany Loan, if evidenced by a promissory note, shall be evidenced by an Intercompany Note that is pledged to the Collateral Agent pursuant to the Pledge Agreement; (x) Permitted Acquisitions shall be permitted in accordance with Section 7.13; (xi) so long as no Default or Event of Default then exists or would result therefrom, the Borrower and its Subsidiaries may make Investments not otherwise permitted by clauses (i) through (x) of this Section 8.09 in an aggregate amount not to exceed $5,000,000 (determined without regard to any write-downs or write-offs thereof); and (xii) deposits made in the ordinary course of business consistent with past practices to secure the performance of leases or other contractual arrangements shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing, an “Investment” and, collectively, "“Investments")” and with the value of each Investment being measured at the time made and without giving effect to subsequent changes in value or any write-ups, except: (a) write-downs or write-offs thereof but giving effect to any cash return or cash distributions received by the Borrower and its Subsidiaries may invest with respect thereto), other than: (i) Investments in Cash cash and Cash Equivalents; (bii) guarantees or indemnities arising under the Credit Documents; (iii) [reserved]; (iv) [reserved]; (v) Permitted Acquisitions; (vi) the Borrower and its Subsidiaries may acquire and hold receivables accounts receivable owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (cvii) the Borrower may enter into Interest Rate Protection Agreements to the extent permitted by Section 10.04(ii), and Hedge Agreements to the extent permitted by Section 10.04(viii); (viii) extensions of trade credit may be made in the ordinary course of business (including advances made to distributors consistent with past practice), Investments received in satisfaction or partial satisfaction of previously extended trade credit from financially troubled account debtors, Investments consisting of prepayments to suppliers made in the ordinary course of business and loans or advances made to distributors in the ordinary course of business; (ix) Investments in deposit accounts or securities accounts opened in the ordinary course of business; (x) Investments in the nature of pledges or deposits with respect to leases or utilities provided to third parties in the ordinary course of business; (xi) Investments in the ordinary course of business consisting of UCC Article 3 endorsements for collection or deposit; (xii) the licensing, sublicensing or contribution of intellectual property rights pursuant to arrangements with Persons other than the Borrower and its Subsidiaries in the ordinary course of business for fair market value, as determined by the Borrower or such Subsidiary in good faith; (xiii) to the extent that they constitute Investments, purchases and acquisitions of inventory, supplies, materials and equipment or purchases of contract rights or licenses or leases of intellectual property, in each case, in the ordinary course of business; (xiv) loans and advances by the Borrower and its Subsidiaries to officers, directors and employees of any Parent Company, the Borrower and its Subsidiaries in connection with relocations and other ordinary course of business purposes (including travel and entertainment expenses) in an aggregate amount outstanding not to exceed $500,000; (xv) distributions or payments of receivables, inventory or similar assets in connection with factoring arrangements entered into in the ordinary course of business or other factoring arrangements permitted by Section 10.04(xiv); (xvi) Investments in an unlimited amount; provided that (A) in each case, no Default shall have occurred and be continuing and (B) Borrower shall be in compliance with the Financial Covenants on a Pro Forma Basis for the most recently completed four fiscal quarter period (calculated based on audited or reviewed financial statements, or to the extent such financials are not available for the most recent fiscal quarter, certified internal management accounts for such quarter); (xvii) the Borrower and its Subsidiaries may hold the Investments held by them on the Closing Date and described on Schedule 10.05(xvii), and any modification, replacement, renewal or extension thereof that does not increase the principal amount thereof unless any additional Investments made with respect thereto are permitted under the other provisions of this Section 10.05; (xviii) the Borrower and its Subsidiaries may acquire and own investments hold Investments (including debt obligationsobligations and Equity Interests) received in connection with the bankruptcy or reorganization of suppliers and customers customers, and Investments received in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (dxix) Interest Rate Protection Agreements entered into non-cash consideration may be received in connection with any Asset Sale permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsSection 10.10; (exx) advancesadditional Subsidiaries of the Borrower may be established or created if the Borrower and such Subsidiary comply with the requirements of Section 9.12, loans if applicable; provided that to the extent any such new Subsidiary is created solely for the purpose of consummating a transaction pursuant to an acquisition permitted by this Section 10.05, and investments such new Subsidiary at no time holds any assets or liabilities other than any merger consideration contributed to it contemporaneously with the closing of such transaction, such new Subsidiary shall not be required to take the actions set forth in Section 9.12, as applicable, until the respective acquisition is consummated (at which time the surviving or transferee entity of the respective transaction and its Subsidiaries shall be required to so comply in accordance with the provisions thereof); (xxi) Investments of a Person that is acquired and becomes a Subsidiary or of a company merged or amalgamated or consolidated into any Subsidiary, in each case after the Closing Date and in accordance with this Section 10.05 and/or Section 10.02, as applicable, to the extent that such Investments were not made in contemplation of or in connection with such acquisition, merger, amalgamation or consolidation, do not constitute a material portion of the aggregate assets acquired in such transaction and were in existence on the Effective Date date of such acquisition, merger, amalgamation or consolidation; (xxii) Investments by any Credit Party and listed on Annex V shall be permittedany Subsidiary that is not a Credit Party, without giving effect to any additions thereto in the Borrower and its Subsidiaries; (xxiii) Investments in a Subsidiary that is not a Credit Party or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only in a joint venture, in each case, to the extent such further obligations are described on Investment is substantially contemporaneously repaid in full with a dividend or other distribution from such Annex VSubsidiary or joint venture; (xxiv) Investments by the Borrower or its Subsidiaries in connection with joint ventures not to exceed $15.0 million in the aggregate amount outstanding at any one time (measured by the fair market value of such Investment as of the date made);; and (xxv) additional Investments by the Borrower or its Subsidiaries not to exceed $30,000,000 at any time outstanding.

Advances, Investments and Loans. The Borrower will not, and will ------------------------------- not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution toto any Person or form or create any Subsidiary on or after the Initial Borrowing Date, any Person, or purchase or own a futures contract or otherwise become liable except for the purchase or sale following which in each case is pledged to the Agent for the benefit of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except:Lenders; (a) the Borrower and its Subsidiaries any Subsidiary may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries any Subsidiary may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the intercompany Indebtedness described in Section 8.04(b) and --------------- additional Investments in Subsidiary Guarantors shall be permitted; (d) the Borrower and its Subsidiaries each Subsidiary Guarantor 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; (de) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementsmay own Investments set forth on Schedule 8.06 ------------- hereto; (ef) advances, loans the Borrower may hold the promissory notes acquired in accordance with Section 8.02(e); --------------- (g) advances to employees not to exceed $100,000 individually and $250,000 in the aggregate at any time outstanding; and (h) advances and investments not otherwise permitted hereunder in existence on an amount not to exceed $1,000,000 in the Effective aggregate outstanding at any time during the period from the Initial Borrowing Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of through the Effective Date but only to the extent such further obligations are described on such Annex V);Final Maturity Date.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower and its Subsidiaries or any Subsidiary may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries any Subsidiary may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryand/or reasonable extensions thereof; (c) loans and advances to officers, directors and employees in the ordinary course of business (x) for relocation purposes and/or the purchase from the Borrower of the capital stock (or options or warrants relating thereto) of the Borrower and its Subsidiaries (y) otherwise in an aggregate principal amount not to exceed $1,000,000 at any time outstanding shall be permitted; (d) the Borrower and each Subsidiary 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; (de) Interest Rate Protection Agreements entered into with respect to protect Indebtedness under this Agreement and other Indebtedness permitted under Section 9.04, provided that management of the Borrower against fluctuations or such Subsidiary as the case may be, has determined in interest rates in respect of the Obligations good faith that entering into such Agreements are bona fide hedging activities and other Hedging Agreements;are not for speculative purposes. (ef) advances, loans and investments in existence on the Restatement Effective Date and listed on Annex V shall be permittedVIII, without giving effect to any additions thereto or replacements thereof thereof, shall be permitted; (except those additions or replacements which are existing obligations as g) the Borrower and each Subsidiary may make capital contributions to any of the Effective Date but only their Subsidiaries to the extent such further obligations are described on such Annex VSubsidiary is a Subsidiary Guarantor; (h) Subsidiaries may be established or created in accordance with the provisions of Section 9.07; (i) Permitted Acquisitions shall be permitted; (j) loans and investments not otherwise permitted by the foregoing clauses (a) through (i);, provided that the aggregate amount of the loans and investments made pursuant to this clause (j) shall not exceed $2,000,000; and (k) the Borrower and its Subsidiaries may acquire and hold investments consisting of non-cash consideration received from sales of assets effected in accordance with the requirements of Sections 9.02(f).

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, Investment or contract to make any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower and its Subsidiaries may acquire and hold Closing Date as set forth on Schedule 1.1(a); (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables and advances to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) the Borrower Investments in and its Subsidiaries may acquire loans to any Credit Party; (e) loans and own investments advances to officers, directors and employees in an aggregate amount not to exceed $400,000 at any time outstanding; provided that such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsPermitted Acquisitions; (eh) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Bank Products to the extent permitted hereunder; (i) ownership of the UST Systems (as defined in the Getty Lease) subject to an option to purchase in favor of Getty under the Getty Lease; (j) Mortgaged Properties owned by any Guarantor subject to ROFRs and Repurchase Options; and (k) time deposits with Team Capital Bank in an amount not to exceed $10,000,000; provided, however, that such further obligations funds shall represent escrowed environmental reserves; (l) (i) Investments in and loans to any Subsidiary which is not a Credit Party, (ii) Investments in the form of loans to Affiliates of thea Borrower who are described on not Credit Parties, (iii) Investments in the form of loans to purchasers in connection with any Disposition permitted pursuant to Section 6.4 and (iv) Investments constituting Indebtedness related to convenience store and wholesale fuel distribution assets; provided that, with respect to the foregoing Investments set forth in this clause (l), the aggregate amount of all such Annex VInvestments shall not exceed $10,000,000 at any time outstanding; provided further, for the avoidance of doubt, nothing in this clause (l) shall prohibit the foregoing Investments to the extent consummated in connection with a Permitted Acquisition; (m) (i) capital expenditures in the ordinary course of business with respect to Investments in joint ventures, and (ii) Investments in joint ventures related to convenience store and wholesale fuel distribution assets; provided that, with respect to the foregoing Investments set forth in this clause (m);, the aggregate amount of all such Investments shall not exceed $10,000,000 at any time outstanding; and (n) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of $1,000,000 at any one time outstanding.

Advances, Investments and Loans. The Borrower will not, and ------------------------------- will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the The Borrower and or any of its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) the The Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired them in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the Borrower Loans and its Subsidiaries may acquire and own investments advances (including debt obligationsx) received in connection with the bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations ofto employees for business-related travel expenses, moving expenses and other disputes withsimilar expenses, customers and suppliers arising in each case incurred in the ordinary course of businessbusiness and (y) to employees in an aggregate principal amount not to exceed $2,000,000 at any time outstanding, shall be permitted; (d) Interest Rate Protection Agreements entered into to protect To the Borrower against fluctuations extent allowed by Section 8.02(c), (d), (g), (h), (j) or (k), and the creation of Subsidiaries in interest rates in respect of the Obligations and other Hedging Agreementscompliance with Section 8.16 shall be permitted; (e) advancesInvestments acquired by the Borrower or any of its Subsidiaries (x) in exchange for any other investment held by the Borrower or any such Subsidiary in connection with or as a result of a bankruptcy, loans workout, reorganization or recapitalization of the issuer of such other investment or (y) as a result of a foreclosure by the Borrower or any of its Subsidiaries with respect to any secured investment or other transfer of title with respect to any secured investment in default; (f) Investments of the Borrower in (x) the Existing Xxxxxx and Interest Rate Agreements entered into pursuant to Section 7.10 and/or (y) JV Loans; (g) Equity investment in new hotel construction permitted by Section 8.11; (h) Loans and advances permitted by Section 8.04(f)(x) or (y); (i) Purchase money notes received in Asset Sales (other than Specified Asset Sales) not to exceed in the aggregate $15,000,000 at any one time outstanding, provided that in connection with sales of Transferred -------- Properties pursuant to Section 8.02(e)(i) any purchase money note taken shall not exceed 25% of the respective sales price for a Transferred Property and for all sales made pursuant to Section 8.02(e)(i) shall not exceed $10,000,000 at any time outstanding; (j) The investments in existence outstanding on the Effective Initial Borrowing Date and which are listed on Annex V shall be permittedVII hereto (without any increase thereto); and (k) The Borrower or any of its Subsidiaries may make any other cash investments, without giving effect advances or loans in or to any additions thereto or replacements thereof (except those additions or replacements which Person, provided such investments, advances and/or loans are existing obligations as made with funds other than the proceeds of the Effective Date but only to the extent such further obligations are described on such Annex V);Acquisition Loans.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), exceptexcept that the following shall be permitted: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bi) the Borrower and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) terms, and the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) Investments 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; (dii) the Borrower and its Subsidiaries may acquire and hold cash and Cash Equivalents; (iii) the Borrower may enter into Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements; (eiv) advances, loans the Borrower and investments its Subsidiaries may hold and to the extent permitted by Section 9.15 acquire Investments in existence on Subsidiaries of the Borrower and may make additional Investments in such Subsidiaries so long as (i) no more than $10,000,000 in the aggregate for all such Investments made after the Effective Date and listed on Annex V pursuant to this clause (iv) shall be permittedmade in Subsidiaries that are not Subsidiary Guarantors, (ii) each intercompany loan or advance evidenced by a note or other instrument having a principal amount in excess of $2,500,000 shall be pledged to the Collateral Agent pursuant to (and to the extent required by) the Pledge Agreement and (iii) to the extent required by Section 9.15, the equity interests of the Subsidiary in which such Investments are made are pledged to the Collateral Agent pursuant to (and to the extent required by) the Pledge Agreement; (v) the Borrower and its Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without giving effect regard to any additions thereto write-downs or replacements thereof write-offs of such loans and advances) shall not exceed $35,000,000 (except those additions or replacements which are existing obligations as although no more than $5,000,000 of such loans and advances made to senior management of the Effective Date Borrower and its Subsidiaries may at any time be outstanding); (vi) the Borrower and its Subsidiaries may enter into Other Hedging Agreements to the extent permitted by Section 9.04(vii); (vii) the Borrower and its Subsidiaries may receive non-cash consideration in connection with any asset sale permitted by Sections 9.02(vi), (vii), (xii) and (xiii) but only to the extent set forth in such further obligations are described on such Annex VSections 9.02(vi), (vii), (xii) and (xiii); (viii) the Borrower and its Subsidiaries may acquire Hotel Properties which may consist in whole or in part of stock acquisitions (and otherwise in compliance with this Agreement); (ix) the Borrower and its Subsidiaries may make Investments in Unrestricted Subsidiaries effected through the issuance of the Borrower's common stock; and (x) in addition to Investments permitted by clauses (i) through (ix) above, the Borrower and its Wholly-Owned Subsidiaries may make Investments in Unrestricted Subsidiaries so long as (I) no Default or Event of Default then exists or would result therefrom and (II) the aggregate amount of Investments made pursuant to this clause (x) after the Effective Date does not exceed $50,000,000, provided that Investments in excess of $50,000,000 may be made pursuant to this clause (x) to the extent that, on the date of such excess Investments, the Borrower certifies to the Administrative Agent that the amount of such excess Investments does not exceed the Retained Excess Cash Flow Amount as then in effect (and such excess Investments shall constitute a utilization of the Retained Excess Cash Flow Amount in accordance with the definition thereof). The Investments permitted under clause (ix) above shall not be counted against the limit set forth in this clause (x).

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) (i) Investments by the Borrower Group Members in their Subsidiaries outstanding on the Closing Date, (ii) additional Investments in U.S. Credit Parties and its Investments in newly-formed, Wholly Owned Subsidiaries may invest that become U.S. Credit Parties in Cash accordance with Section 5.9, (iii) Investments by Subsidiaries that are not U.S. Credit Parties in any Group Member and (iv) additional Investments in Subsidiaries of the Company in order to implement a restructure that is primarily to achieve operational or treasury management benefits, provided that such restructure is approved by the Administrative Agent; (b) loans and advances to employees in the ordinary course of the business of the Group Members as presently conducted in an aggregate principal amount not to exceed $2,000,000 at any time outstanding; (c) additional Investments in Foreign Subsidiaries and other Subsidiaries that are not U.S. Credit Parties; provided that (i) no Event of Default shall have occurred and be continuing at the time of such Investment, (ii) the Company shall be in compliance with the financial covenants set forth in Section 6.13 on a Pro Forma Basis after giving effect to such Investment, and (iii) the Total Net Leverage Ratio shall be less than or equal to 3.75 : 1.00 on a Pro Forma Basis after giving effect to such Investment; (d) Investments by the Group Members in cash and Cash Equivalents; (be) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) Investments existing as of the Borrower or such SubsidiaryClosing Date as set forth on Schedule 6.5; (cf) Investments by the Borrower Company in Hedging Agreements permitted under Section 6.1(a) and its Subsidiaries may acquire Investments pursuant to Treasury Services Agreements; (g) Guaranty Obligations permitted under Section 6.1(h) and own investments Guaranty Obligations under the Credit Documents; (h) Permitted Acquisitions including debt obligations(i) received any Investments by the Company and/or any Subsidiary in connection with another Subsidiary in order to provide funding to such Subsidiary to consummate a Permitted Acquisition (so long as such Permitted Acquisition is consummated within thirty (30) days after such Investment) and (ii) any Investments held by the bankruptcy Person acquired in a Permitted Acquisition at the time of any such Permitted Acquisition, provided that such Investment was not made in contemplation or reorganization anticipation of suppliers and customers and such Permitted Acquisition; (i) Investments consisting of extensions of credit in settlement the nature of delinquent obligations of, and other disputes with, customers and suppliers 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 to the extent reasonably necessary in order to prevent or limit loss; (dj) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations Investments made by any Group Member as a result of consideration received in interest rates connection with any sale, lease, transfer or other disposal of assets made in respect of the Obligations and other Hedging Agreementscompliance with Section 6.4(b); (ek) advances(i) the conversion of Indebtedness of any of the Company’s Subsidiaries to equity and (ii) the write-off of inter-company Indebtedness among the Company and its Subsidiaries, loans in an aggregate amount not to exceed $250,000,000 after the Closing Date; (l) Investments by the Company and investments the Guarantors in existence any Foreign Borrower or any Foreign Borrower Guarantor, which Investments are for the sole purpose of paying Foreign Obligations and are used by such Foreign Borrower or Foreign Borrower Guarantor to pay any Foreign Obligations within five (5) Business Days of such Investment; and (m) additional Investments, to the extent that (A) at the time of such Investment, (i) no Event of Default shall have occurred and be continuing or would result from such Investment, (ii) the Company will be in compliance with the financial covenants set forth in Section 6.13 on the Effective Date and listed on Annex V shall be permitted, without a Pro Forma Basis after giving effect to such Investment and (iii) the Total Net Leverage Ratio shall be less than or equal to 3.00 : 1.00 on a Pro Forma Basis after giving effect to such Investment, and (B) prior to the making of any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as such Investment, the Administrative Agent shall have received a certificate from a Responsible Officer of the Effective Date but only to Company certifying that the extent such further obligations are described on such Annex V);conditions in subclause (A) hereof shall have been met.

Advances, Investments and Loans. The Parent Guarantors and the ------------------------------- Borrower will not, and will not permit any Credit Party or any of its their respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stockCapital Stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (collectively, "Investments")Equivalents, except: (a) the Borrower and its Subsidiaries Nexstar Entities may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired enter into Interest Rate Protection Agreements in the ordinary course of business and payable or dischargeable in accordance compliance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary;Section 8.05(g); --------------- (c) the Borrower and its Credit Parties may make equity contributions to the capital of their respective Subsidiaries may acquire and own investments that are Credit Parties (including debt obligations) received in connection with or to the bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations ofHolding Company, and other disputes with, customers and suppliers arising in the ordinary course case of businessthose Parent Guarantors that collectively own all of the issued and outstanding Capital Stock of the Holding Company other than Permitted Holdings Preferred Equity and Permitted Permanent Holdings Preferred Equity); (d) Interest Rate Protection Agreements entered into as permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements;Section 8.04(b); --------------- (e) advances, loans and investments in existence on the Effective Date and listed on Annex V Schedule 8.11(e) shall be permitted, without giving ---------------- effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Date); (f) any Nexstar Entity may establish or create new Wholly-Owned Subsidiaries (including the New Holding Company, in the case of the Ultimate Parent) so long as (i) at least 30 days' prior written notice thereof (or such lesser notice as is acceptable to the Administrative Agent) is given to the Administrative Agent, (ii) the Capital Stock of such new Subsidiary is pledged pursuant to, and to the extent required by, this Agreement and the Pledge and Security Agreement and the certificates, if any, representing Capital Stock, together with stock powers duly executed in blank, are delivered to the Collateral Agent, (iii) such further obligations are new Subsidiary executes Guaranty Supplements, a Joinder to Security Agreement and a Joinder to Pledge and Security Agreement, and (iv) such new Subsidiary, to the extent requested by the Administrative Agent or the Majority Banks, takes all actions required pursuant to Section 7.16. In addition, each ------------ new Wholly-Owned Subsidiary that is required to execute any Loan Document shall execute and deliver, or cause to be executed and delivered, all other relevant documentation of the type described in Section 5.01 as such new ------------ Subsidiary would have had to deliver if such new Subsidiary were a Credit Party on such Annex V)the Effective Date; (g) the Nexstar Entities may make loans and advances to their respective employees in an aggregate principal amount for all Nexstar Entities not to exceed $500,000 at any time outstanding plus amounts paid ---- pursuant to the Management Loan Guaranty; (h) the Borrower may make intercompany loans and advances to any Subsidiary of the Borrower which is a Credit Party, the New Holding Company may make loans to Nexstar Finance Holdings as permitted under Section ------- 8.05

Advances, Investments and Loans. The Parent Guarantors and ------------------------------- the Borrower will not, and will not permit any Credit Party or any of its their respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stockCapital Stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (collectively, "Investments")Equivalents, except: (a) the Borrower and its Subsidiaries Nexstar Entities may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired enter into Interest Rate Protection Agreements in the ordinary course of business and payable or dischargeable in accordance compliance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary;Section 8.05(g); --------------- (c) the Borrower and its Credit Parties may make equity contributions to the capital of their respective Subsidiaries may acquire and own investments that are Credit Parties (including debt obligations) received in connection with or to the bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations ofHolding Company, and other disputes with, customers and suppliers arising in the ordinary course case of businessthose Parent Guarantors that collectively own all of the issued and outstanding 110 Capital Stock of the Holding Company other than Permitted Holdings Preferred Equity and Permitted Permanent Holdings Preferred Equity); (d) Interest Rate Protection Agreements entered into as permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements;Section 8.04(b); --------------- (e) advances, loans and investments in existence on the Effective Date and listed on Annex V Schedule 8.11(e) shall be permitted, without giving ---------------- effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Date); (f) any Nexstar Entity may establish or create new Wholly-Owned Subsidiaries (including the New Holding Company, in the case of the Ultimate Parent) so long as (i) at least 30 days' prior written notice thereof (or such lesser notice as is acceptable to the Administrative Agent) is given to the Administrative Agent, (ii) the Capital Stock of such new Subsidiary is pledged pursuant to, and to the extent required by, this Agreement and the Pledge and Security Agreement and the certificates, if any, representing Capital Stock, together with stock powers duly executed in blank, are delivered to the Collateral Agent, (iii) such further obligations are new Subsidiary executes Guaranty Supplements, a Joinder to Security Agreement and a Joinder to Pledge and Security Agreement, and (iv) such new Subsidiary, to the extent requested by the Administrative Agent or the Majority Banks, takes all actions required pursuant to Section 7.16. In addition, each new ------------ Wholly-Owned Subsidiary that is required to execute any Loan Document shall execute and deliver, or cause to be executed and delivered, all other relevant documentation of the type described in Section 5.01 as such new ------------ Subsidiary would have had to deliver if such new Subsidiary were a Credit Party on such Annex V)the Effective Date; (g) the Nexstar Entities may make loans and advances to their respective employees in an aggregate principal amount for all Nexstar Entities not to exceed $500,000 at any time outstanding plus amounts paid ---- pursuant to the Management Loan Guaranty; (h) the Borrower may make intercompany loans and advances to any Subsidiary of the Borrower which is a Credit Party, the New Holding Company may make loans to Nexstar Finance Holdings as permitted under Section ------- 8.05

Advances, Investments and Loans. The Borrower Credit Parties will not, and will not permit any Credit Party or any of its respective their Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contractcontract (each of the foregoing, or hold any cashan "Investment" and, Cash Equivalents (collectively, "Investments"), exceptexcept that the following shall be permitted: (ai) in the Borrower case of Subsidiaries (other than any Credit Party), acquiring and its Subsidiaries may invest in Cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables holding accounts receivable owing to itany of them, if created or acquired in the ordinary course of business consistent with past practice and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryits Subsidiaries; (cii) acquiring and holding cash and Cash Equivalents; (iii) Investments held by the Borrower Credit Parties on the Effective Date and described on Schedule 7.5 hereto and Investments held by or Committed by Gener and its Subsidiaries may acquire and own investments on the Effective Date; provided, however, that any additional Investments made with respect to either thereto shall be permitted only if independently justified under the other provisions of this Section 7.5; (iv) in the case of Subsidiaries (other than any Credit Party), Investments (including debt obligations) received in connection with the bankruptcy or reorganization of suppliers and customers and in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (dv) in the case of Subsidiaries (other than any Credit Party), loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such loans and advances) shall not exceed $500,000; (vi) Investments in Hedging Agreements and Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementsextent permitted by Section 7.4(iii); (evii) cash equity contributions to the capital of the Borrower's Subsidiaries that are Credit Parties; (viii) equity Investments in Chivor, S.A. that are made (i) after September 30, 2001, (ii) when no Default or Event of Default shall have occurred and be continuing, (iii) in an aggregate amount not greater than $125,000,000; (ix) loans, advances, loans dividends or distributions by Subsidiaries of the Borrower to their parent companies and, whether directly or indirectly, to the Borrower; provided, that any such loan or advance made to a Credit Party shall be subordinated to the Bridge Loans and investments the Guaranty granted under Article IX; (x) Investments that constitute Indebtedness permitted by Section 7.4; (xi) in existence the case of Subsidiaries (other than any Credit Party) pledges or deposits required in the ordinary course of business in connection with worker's compensation, unemployment insurance and other social security legislation; (xii) in the case of Subsidiaries (other than any Credit Party) pledges or deposits in connection with the non-delinquent performance of bids, trade contracts (other than for borrowed money), leases or statutory obligations, surety or appeal bonds, and other non-delinquent obligations of a like nature, in each case incurred in the ordinary course of business; (xiii) the Cayman Acquisition and the Gener Acquisition; (xiv) in the case of Subsidiaries (other than any Credit Party) advance purchases of inventory, equipment and supplies in the ordinary course of business; (A) equity Investments made by Gener in TermoAndes in an aggregate amount not to exceed $15,000,000, the proceeds of which are used to pay Grid Expenses of TermoAndes and (B) Investments made by Gener in TermoAndes, the proceeds of which are used to pay scheduled amortization in calendar year 2001 of Indebtedness of TermoAndes outstanding on the Effective Date Date; provided, that in the case of clause (A) and listed on Annex V clause (B), (1) such Investments are made at a time when no Default or Event of Default has occurred and is continuing and (2) prior to either such Investment, the Borrower and TermoAndes have used commercially reasonable efforts to use cash of TermoAndes to pay such amortization or Grid Expenses, as the case may be; (xvi) Gener and its Subsidiaries, in the ordinary course of business and consistent with past practices, purchasing or owning a futures contract or otherwise becoming liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract; provided, that, with respect to any such purchase, ownership or liability of MEGA, MEGA's Value at Risk shall be permittednot, without at the time the applicable contract is entered into (after giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations thereto), exceed MEGA's Value at Risk as of the Effective Date but only to Date; and (xvii) the extent such further obligations Credit Parties and their Subsidiaries may make Investments in their respective Subsidiaries using the identifiable proceeds of equity issuances that are described on such Annex V);excluded from the definition of "Equity Issuance" by clause (a) of the proviso thereto.

Advances, Investments and Loans. The Borrower Company will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, contract or hold any cashcash or Cash Equivalents, Cash Equivalents (collectively, "Investments"), exceptexcept that the following shall be permitted: (ai) each of the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (b) the Borrower Company and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cii) the Borrower Company and its Subsidiaries may acquire and own investments hold cash and Cash Equivalents; (including debt obligationsiii) received the Company may (x) make or maintain advances to employees of the Company and its Subsidiaries in connection with the bankruptcy or reorganization ordinary course of suppliers and customers and in settlement of delinquent obligations ofbusiness, and other disputes with(y) guaranty, customers in the ordinary course of business, loans and advances to employees of the Company and its Subsidiaries, provided that the aggregate principal amount of all such advances and guaranteed obligations pursuant to this clause 9.06(iii) shall not exceed $500,000 in the aggregate at any one time outstanding; (iv) the Company may enter into Interest Rate Protection Agreements and Currency Agreements in the ordinary course of business to protect against fluctuations in interest rates and currencies, so long as such agreements are not entered into for speculative purposes; (v) the Company may enter into forward purchase contracts with suppliers arising of durum wheat to meet its normal raw material supply requirements in the ordinary course of business or futures contracts entered into for delivery of durum wheat in the ordinary course of business; (dvi) Interest Rate Protection Agreements entered into to protect (x) the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements; Company may (eA) advances, loans and make investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Subsidiary Guarantor to the extent such further obligations investments consist of contributions of finished goods inventory and are made in the ordinary course of business, (B) make intercompany loans and advances to, and/or investments in, any Subsidiary Guarantor, so long as such Subsidiary Guarantor promptly utilizes the proceeds of such loans and advances to make loans and advances to, or reinvests such investments in, a Wholly-Owned Foreign Subsidiary of the Company in accordance with the requirements of clause (z) below and (C) make additional intercompany loans and advances to, and/or investments in, any Subsidiary Guarantor, so long as the sum of (I) the aggregate outstanding principal amount of such intercompany loans and advances (determined without regard to any write-downs or write-offs thereof) pursuant to this sub-clause (C) plus (II) the fair market value of the assets so invested pursuant to this subclause (C) after the Restatement Effective Date, does not exceed $2,000,000, (y) any Wholly-Owned Foreign Subsidiary of the Company may make intercompany loans and advances to, and/or investments in, another Wholly-Owned Foreign Subsidiary of the Company and (z) the Company and any Subsidiary Guarantor may make intercompany loans and advances to, and/or investments in, any Wholly-Owned Foreign Subsidiary of the Company, so long as (i) such Wholly-Owned Foreign Subsidiary of the Company directly or indirectly uses the proceeds thereof for (I) the construction of a pasta production facility in Verolanuva, Italy, (II) the creation of a European sales and marketing organization in connection with the expansion of its pasta business (with the purposes described on in preceding clause (I) and this clause (II) being herein called "Permitted Foreign Business Purposes") and (III) working capital or general corporate purposes, (ii) the sum of (A) the aggregate outstanding principal amount of such Annex V);intercompany loans and advances (determined without regard to any write-downs or write-offs thereof) plus (II) the fair market value of the assets so invested pursuant to this subclause (z) after the Restatement Effective Date, does not exceed $36,000,000, and (iii) any such intercompany loans and advances shall be evidenced by an Intercompany Note pledged to the Collateral Agent pursuant to the Pledge Agreement; and (vii) the Company and its Subsidiaries may (x) establish Subsidiaries in compliance with Section 9.14 and (y) make Investments therein as otherwise provided in this Section 9.06.

Advances, Investments and Loans. The Borrower will not, and ------------------------------- will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower and its Subsidiaries or any Subsidiary may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries any Subsidiary may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the intercompany Indebtedness described in Section 8.04(b) shall be permitted; (d) loans and advances to employees in the ordinary course of business in an aggregate principal amount not to exceed $500,000 at any time outstanding shall be permitted; (e) the Borrower and its Subsidiaries each Subsidiary Guarantor 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; (df) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementspermitted by Section 8.04(f) shall be permitted; (eg) advancesthe Borrower or any Subsidiary Guarantor may make Permitted Acquisitions, loans and Permitted Investments (in accordance with the requirements contained in the definition thereof) and/or make investments in existence on Permitted Joint Ventures not to exceed [$1,000,000] (plus amounts returned to the Effective Date and listed on Annex V shall be permittedBorrower as a result of sales of such investment or pursuant to a dividend payment thereunder), without in the aggregate for all the foregoing plus the ---- Available Excess Cash Flow Amount at the time of the making thereof (before giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex Vthereto); (h) the Borrower may make contributions to an employee stock ownership plan, provided such contributions are in Common Stock; and (i) the Borrower may hold the promissory notes acquired in accordance with Section 8.02(f).

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Investments"”), except: (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to itit (and, in the case of Super Laundry, notes receivable created in the ordinary course of business consistent with past practice and/or in connection with franchise arrangements), if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such SubsidiarySubsidiary (or in the case of Super Laundry, having payment and other terms consistent with past practice); (c) 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; (d) Interest Rate Protection Agreements and Other Hedging Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementsthe IDS Notes; (e) advances, loans and investments in existence on the Original Effective Date and listed on Annex V Schedule 9.05 to the Original Credit Agreement shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Original Effective Date but only to the extent such further obligations are described on such Annex VSchedule 9.05 to the Original Credit Agreement) and, in addition, loans and advances by Parent and its Subsidiaries to employees of Parent (or, after the Merger Event, the Borrower) and its Subsidiaries in the ordinary course of business and consistent with past practices shall be permitted in an aggregate principal amount which, when taken together with the aggregate principal amount of outstanding loans and advances made by Parent with the proceeds of Dividends paid pursuant to Section 9.03(f)(ii)(y), do not exceed $1,500,000 at any one time outstanding; provided, however, that the foregoing limitation shall not apply to loans and advances for moving and travel expenses or relocation expenses incurred in connection with a Permitted Acquisition, which loans, advances and expenses shall be permitted; (f) deposits made in the ordinary course of business consistent with past practices to secure the performance of leases or other contractual arrangements shall be permitted; (g) the Borrower may make intercompany loans and advances to any of its Subsidiaries and any Subsidiary of the Borrower may make intercompany loans and advances to the Borrower or any other of its Subsidiaries (collectively, “Intercompany Loans”); provided that (i) each Intercompany Loan shall be evidenced by an Intercompany Note, (ii) each such Intercompany Note shall be pledged to the Collateral Agent pursuant to the Credit Party Pledge Agreement and (iii) neither the Borrower nor any Domestic Subsidiaries of the Borrower may make loans, advances or equity contributions to any Foreign Subsidiaries of the Borrower pursuant to this clause (other than loans, advances and cash contributions in an amount, together with the amount in Section 9.02(g)(ii), not to exceed $2,500,000 in the aggregate); (h) Permitted Acquisitions shall be permitted; (i) the Borrower and its Subsidiaries may acquire and hold promissory notes and/or equity securities issued by the purchaser or purchasers in connection with the sale of assets to the extent permitted under Section 9.02; (j) the Borrower may make capital contributions to any of its respective Subsidiary Guarantors; (k) the Borrower may make cash Investments in an amount not to exceed the aggregate net cash proceeds from any capital contribution or sale or issuance of its equity after the Amendment Effective Date minus the amount of any such net cash proceeds applied by the Borrower to make Dividends under Section 9.03 or to make an Investment under any other provision of this Section 9.05; (l) [Reserved]; (m) the Borrower may invest in or redeem up to (w) $157.5 million of the 9% Senior Notes upon consummation of and in connection with the IDS Transactions (x) $324.5 million of 9% Senior Notes on the Second Draw Date with the net proceeds of Second Draw Tranche B-1 Term Loans (y) the principal amount of IDS Notes permitted pursuant to Section 9.11(a)(y) and (z) $30,000,000 plus that portion of the Retained Amount since the date hereof not paid as a Dividend pursuant to Section 9.03(b) and otherwise permitted pursuant to Section 9.11 of 9% Senior Notes and/or IDS Notes from time to time; and (n) the Borrower and its Subsidiaries may make cash Investments not otherwise permitted by clauses (a) through (m) above, in an amount not to exceed $25,000,000 outstanding at any one time; provided that before and after giving effect to each such Investment, no Default or Event of Default shall have occurred or result therefrom.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing, an “Investment” and, collectively, "“Investments")” and with the value of each Investment being measured at the time made and without giving effect to subsequent changes in value or any write-ups, except: (a) write-downs or write-offs thereof but giving effect to any cash return or cash distributions received by the Borrower and its Subsidiaries may invest with respect thereto), other than: (i) Investments in Cash cash and Cash Equivalents; (bii) guarantees or indemnities arising under the Credit Documents; (iii) [reserved]; (iv) [reserved]; (v) Permitted Acquisitions; (vi) the Borrower and its Subsidiaries may acquire and hold receivables accounts receivable owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (cvii) the Borrower may enter into Interest Rate Protection Agreements to the extent permitted by Section 10.04(ii), and Hedge Agreements to the extent permitted by Section 10.04(viii); (viii) extensions of trade credit may be made in the ordinary course of business (including advances made to distributors consistent with past practice), Investments received in satisfaction or partial satisfaction of previously extended trade credit from financially troubled account debtors, Investments consisting of prepayments to suppliers made in the ordinary course of business and loans or advances made to distributors in the ordinary course of business; (ix) Investments in deposit accounts or securities accounts opened in the ordinary course of business; (x) Investments in the nature of pledges or deposits with respect to leases or utilities provided to third parties in the ordinary course of business; (xi) Investments in the ordinary course of business consisting of UCC Article 3 endorsements for collection or deposit; (xii) the licensing, sublicensing or contribution of intellectual property rights pursuant to arrangements with Persons other than the Borrower and its Subsidiaries in the ordinary course of business for fair market value, as determined by the Borrower or such Subsidiary in good faith; (xiii) to the extent that they constitute Investments, purchases and acquisitions of inventory, supplies, materials and equipment or purchases of contract rights or licenses or leases of intellectual property, in each case, in the ordinary course of business; (xiv) loans and advances by the Borrower and its Subsidiaries to officers, directors and employees of any Parent Company, the Borrower and its Subsidiaries in connection with relocations and other ordinary course of business purposes (including travel and entertainment expenses) in an aggregate amount outstanding not to exceed $500,000; (xv) distributions or payments of receivables, inventory or similar assets in connection with factoring arrangements entered into in the ordinary course of business or other factoring arrangements permitted by Section 10.04(xiv); (xvi) Investments in an unlimited amount; provided that (A) in each case, no Default shall have occurred and be continuing and (B) Borrower shall be in compliance with the Financial Covenants on a Pro Forma Basis for the most recently completed four fiscal quarter period (calculated based on audited or reviewed financial statements, or to the extent such financials are not available for the most recent fiscal quarter, certified internal management accounts for such quarter); (xvii) the Borrower and its Subsidiaries may hold the Investments held by them on the Closing Date and described on Schedule 10.05(xvii), and any modification, replacement, renewal or extension thereof that does not increase the principal amount thereof unless any additional Investments made with respect thereto are permitted under the other provisions of this Section 10.05; (xviii) the Borrower and its Subsidiaries may acquire and own investments hold Investments (including debt obligationsobligations and Equity Interests) received in connection with the bankruptcy or reorganization of suppliers and customers customers, and Investments received in good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (dxix) Interest Rate Protection Agreements entered into non-cash consideration may be received in connection with any Asset Sale permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsSection 10.10; (exx) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as additional Subsidiaries of the Effective Date but only Borrower may be established or created if the Borrower and such Subsidiary comply with the requirements of Section 9.12, if applicable; provided that to the extent any such further obligations are described on new Subsidiary is created solely for the purpose of consummating a transaction pursuant to an acquisition permitted by this Section 10.05, and such Annex Vnew Subsidiary at no time holds any assets or liabilities other than any merger consideration contributed to it contemporaneously with the closing of such transaction, such new Subsidiary shall not be required to take the actions set forth in Section 9.12, as applicable, until the respective acquisition is consummated (at which time the surviving or transferee entity of the respective transaction and its Subsidiaries shall be required to so comply in accordance with the provisions thereof);

Advances, Investments and Loans. The Borrower will not, and ------------------------------- will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower and its Subsidiaries or any Subsidiary may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries any Subsidiary may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivablesreceivables and extensions of payment in the ordinary course of business consistent with past practices) of the Borrower or such SubsidiaryBorrower; (c) the intercompany Indebtedness described in Section 8.04(b) shall be permitted; (d) loans and advances to employees in the ordinary course of business in an aggregate principal amount not to exceed $1,000,000 at any time outstanding shall be permitted; (e) the Borrower and its Subsidiaries each Guarantor, if any, 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; (df) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementspermitted by Section 8.04(f) shall be permitted; (eg) advancesthe Borrower or any Guarantor, loans if any, may make investments in Permitted Joint Ventures not to exceed $2,500,000 (plus amounts returned to the Borrower as a -50- result of sales of such investment or pursuant to a dividend payment thereunder), in the aggregate plus the Available Excess Cash Flow Amount at ---- the time of the making thereof (before giving effect thereto); (h) the Borrower may make contributions to an employee stock ownership plan, provided such contributions are in Common Stock; (i) the Borrower may hold the promissory notes acquired in accordance with Section 8.02(f); (j) the Borrower may make investments constituting Permitted Acquisitions; (k) the Borrower may consummate the Recapitalization; and (l) the Borrower or any of its Subsidiaries may make additional loans, advances and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect not covered by clauses (a) through (k) of this Section 8.06 not to exceed an aggregate amount of $5,000,000 at any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);time.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), exceptexcept that the following shall be permitted: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bi) the Borrower and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) terms, and the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) Investments 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; (dii) the Borrower and its Subsidiaries may acquire and hold or invest in cash and Cash Equivalents; (iii) the Borrower and its Subsidiaries may hold the Investments held by them on the Initial Borrowing Date and described on Schedule IX, provided that any additional Investments made with respect thereto shall be permitted only if independently permitted under the other provisions of this Section 9.05; (iv) the Borrower and its Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such loans and advances) shall not exceed $1,000,000; (v) the Borrower may enter into Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsObligations; (evi) advances, the Borrower and the Subsidiary Guarantors may make intercompany loans and investments in existence on the Effective Date and listed on Annex V advances between or among one another (collectively, "Intercompany Loans"), so long as each Intercompany Loan shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only evidenced by an Intercompany Note that is pledged to the extent such further obligations are described on such Annex VCollateral Agent pursuant to the Pledge Agreement; (vii) the Borrower and its Subsidiaries may hold promissory notes issued by a purchaser in connection with an asset sale permitted under Section 9.02(iii) and (iv); (viii) the Borrower and the Subsidiary Guarantors may make Investments in addition to the loans and advances described in Section 9.05(vi) between or among one another; (ix) the Borrower and its Subsidiaries may make Permitted Acquisitions effected in accordance with the requirements of Section 9.02(ix); and (x) the Borrower and its Subsidiaries may make Investments in addition to the Investments described above in this Section 9.05 not to exceed $2,000,000 in aggregate amount at any time outstanding.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contractcontract (each of the foregoing an “Investment” and, or hold any cash, Cash Equivalents (collectively, "“Investments"”), exceptexcept that the following shall be permitted: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bi) the Borrower and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (cii) the Borrower and its Subsidiaries may acquire and hold cash and Cash Equivalents; (iii) (x) Investments constituting Intercompany Scheduled Existing Indebtedness in existence on the Effective Date (and any refinancings thereof permitted pursuant to Section 10.04(xiv) and consistent with the definition of Permitted Refinancing Indebtedness) and (y) such other Investments in existence on the Effective Date and described on Schedule VIII as well as any other Investments relating thereto received in respect thereof; provided that any additional Investments made with respect to the Investments described in preceding subclause (y) (except, for avoidance of doubt, for Investments received in respect of such existing Investments) shall be permitted only if independently justified under the other provisions of this Section 10.05; (iv) 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 good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (dv) the Borrower and its Subsidiaries may make loans and advances to their officers and employees for moving, relocation and travel expenses and other similar expenditures, in each case in the ordinary course of business in an aggregate amount not to exceed $1,000,000 at any time (determined without regard to any write-downs or write-offs of such loans and advances); (vi) the Borrower may enter into Interest Rate Protection Agreements entered into to protect the extent required by Section 9.15 or permitted by Section 10.04(ii); (vii) (I) any Credit Party may make intercompany loans and advances to any other Credit Party, (II) the Borrower against fluctuations and its Domestic Subsidiaries may make intercompany loans and advances to any Wholly-Owned Foreign Subsidiary, (III) any Subsidiary which is not a Credit Party may make intercompany loans and advances to any Credit Party, (IV) any Foreign Subsidiary may make intercompany loans and advances to any other Foreign Subsidiary that is a Wholly-Owned Subsidiary and (V) any Credit Party may make intercompany loans and advances to Juno India (such intercompany loans and advances referred to in preceding clauses (I) through (V), collectively, the “Intercompany Loans”), provided, that (u) in the case of Intercompany Loans to be made pursuant to preceding clause (V), such Intercompany Loans shall only be permitted, so long as (and only so long as) (x) the proceeds thereof are used solely for the working capital purposes and general, administrative and operating expenses of Juno India and (y) Juno India at all times conducts its business on a basis consistent with its past practices as in effect on the Effective Date, (v) at no time shall the aggregate outstanding principal amount of all Intercompany Loans made during any fiscal year of the Borrower pursuant to preceding sub-clause (II) of this clause (vii), when added to the amount of contributions, capitalizations and forgivenesses theretofore made pursuant to sub-clause (II) of Section 10.05(xiv) during such fiscal year of the Borrower (for this purposes, taking the Fair Market Value of any property (other than cash) so contributed at the time of such contribution), exceed $7,500,000 (determined (A) without regard to any write-downs or write-offs of such loans and advances and (B) net of any returns on any such Investment in the form of a principal repayment, distribution, dividend or redemption, as applicable, in such fiscal year), (w) no Intercompany Loan may be made pursuant to subclause (II) above at any time a Default or Event of Default has occurred and its continuing, (x) each Intercompany Loan shall be evidenced by an Intercompany Note, (y) each such Intercompany Note owned or held by a Credit Party shall be pledged to the Collateral Agent pursuant to the Pledge Agreement and (z) each Intercompany Loan made by any Subsidiary of the Borrower that is not a Credit Party to a Credit Party shall be subject to the subordination provisions contained in the Intercompany Note; provided further that any Intercompany Loans made to any Subsidiary Guarantor pursuant to sub-clause (I) or (III) of this clause (vii) shall cease to be permitted hereunder if such Subsidiary Guarantor ceases to constitute a Credit Party or a Wholly-Owned Domestic Subsidiary (except as a result of the sale of all of the Equity Interests of such Subsidiary Guarantor); (viii) Permitted Acquisitions shall be permitted in accordance with the requirements of Section 9.16; (ix) Contingent Obligations permitted by Section 10.04(x), to the extent constituting Investments; (x) so long as no Default or Event of Default exists or would exist immediately after giving effect to the respective Investment, the Borrower and its Subsidiaries shall be permitted to make Investments in any Joint Venture on any date in an amount not to exceed the Available Basket Amount on such date (after giving effect to all prior and contemporaneous adjustments thereto, except as a result of such Investment), it being understood and agreed that to the extent the Borrower or one or more other Credit Parties (after the respective Investment has been made) receives a cash return from the respective Joint Venture of amounts previously invested pursuant to this clause (x) (which cash return may be made by way of repayment of principal or payment of interest rates in the case of loans and cash equity returns (whether as a distribution, dividend or redemption or sale proceeds) in the case of equity investments) or a return in the form of an asset distribution from the respective Joint Venture of any asset previously contributed pursuant to this clause (x), then the amount of such cash return of investment or the Fair Market Value of such distributed asset, as the case may be, shall, upon the Administrative Agent’s receipt of a certification of the amount of the return of investment from an Authorized Officer, apply to increase the Available Basket Amount, provided that the aggregate amount of increases to the Available Basket Amount described above shall not exceed the amount of returned investment and, in no event, shall the amount of the increases made to the Available Basket Amount in respect of any Investment exceed the Obligations and other Hedging Agreementsamount previously invested pursuant to this clause (x); (exi) advancesthe Borrower and its Subsidiaries may acquire and hold obligations of their officers and employees in connection with such officers’ and employees’ acquisition of shares of Borrower Common Stock (so long as no cash is actually advanced by the Borrower or any of its Subsidiaries in connection with the acquisition of such obligations); (xii) the Borrower and its Subsidiaries may receive and hold promissory notes, loans Equity Interests and investments other non-cash consideration received in existence connection with any asset sale permitted by Section 10.02(iv); (xiii) the Borrower and its Subsidiaries may own the Equity Interests of their respective Subsidiaries created or acquired in accordance with the terms of this Agreement (so long as all amounts invested in such Subsidiaries are independently justified under another provision of this Section 10.05); (I) the Borrower and any Subsidiary Guarantor may make capital contributions to or acquire Equity Interests of any Subsidiary Guarantor which is a Wholly-Owned Domestic Subsidiary, (II) the Borrower and its Domestic Subsidiaries may make capital contributions to or acquire Equity Interests of Wholly-Owned Foreign Subsidiaries, and may capitalize or forgive any Indebtedness owed to them by a Wholly-Owned Foreign Subsidiary and outstanding under clause (vii) of this Section 10.05, (III) any Wholly-Owned Foreign Subsidiary may make capital contributions to any other Wholly-Owned Foreign Subsidiary, and may capitalize or forgive any Indebtedness owed to it by a Wholly-Owned Foreign Subsidiary, and (IV) any Credit Party may make capital contributions to or acquire Equity Interests of Juno India; provided that (w) in the case of capital contributions or issuances of Equity Interests to be made pursuant to preceding clause (IV), such capital contributions and the issuances of equity shall only be permitted, so long as (and only so long as) (A) the proceeds thereof are used solely for working capital purposes and general, administrative and operating expenses of Juno India and (B) Juno India at all times conducts its business on a basis consistent with its past practices as in effect on the Effective Date Date, (x) the aggregate amount of contributions, capitalizations and listed forgiveness made during any fiscal year of the Borrower pursuant to preceding subclause (II) (for this purpose, taking the Fair Market Value of any property (other than cash) so contributed at the time of such contribution), when added to the aggregate outstanding principal amount of Intercompany Loans made to Wholly-Owned Foreign Subsidiaries under sub-clause (II) of Section 10.05(vii) above during such fiscal year of the Borrower, shall not exceed an amount equal to $7,500,000 (determined (A) without regard to any write-downs or write-offs of any such Intercompany Loans) and (B) net of any returns on Annex V any such Investment in the form of a principal repayment, distribution, dividend or redemption, as applicable, in such fiscal year), (y) no contribution, capitalization or forgiveness may be made pursuant to preceding subclause (II) at any time a Default or Event of Default has occurred and its continuing, and (z) in the case of any contribution pursuant to preceding subclause (I), any security interest granted to the Collateral Agent for the benefit of the Secured Creditors pursuant to the Security Documents in any assets so contributed shall remain in full force and effect and perfected (to at least the same extent as in effect immediately prior to such contribution) and all actions required to maintain said perfected status have been or are concurrently taken; provided further that any Investment made in or to any Subsidiary Guarantor pursuant to sub-clause (I) of this clause (xiv) shall cease to be permittedpermitted hereunder if such Subsidiary Guarantor ceases to constitute a Credit Party or a Wholly-Owned Domestic Subsidiary (except as a result of the sale of all of the Equity Interests of such Subsidiary Guarantor); (xv) any Credit Party may make intercompany loans and capital contributions to Foreign Subsidiaries, without and may capitalize or forgive any intercompany Indebtedness owed to them by a Foreign Subsidiary extended pursuant to this clause (xv), in each case on any given date, so long as (x) no Default or Event of Default has occurred and is continuing on such date and (y) the amount of the Investments made pursuant to this clause (xv) on such date (for this purpose, taking the Fair Market Value of any property (other than cash) so contributed at the time of such contribution) does not exceed the Available Basket Amount on such date (after giving effect to any additions thereto or replacements thereof (all prior and contemporaneous adjustments thereto, except those additions or replacements which are existing obligations as a result of the Effective Date but only such Investment), it being understood and agreed that to the extent the Borrower or one or more other Credit Parties (after the respective Investment has been made) receives a cash return from the respective Foreign Subsidiary of amounts previously invested pursuant to this clause (xv) (which cash return may be made by way of repayment of principal or payment of interest in the case of loans and cash equity returns (whether as a distribution, dividend or redemption or sale proceeds) in the case of equity investments) or a return in the form of an asset distribution from the respective Foreign Subsidiary of any asset previously contributed pursuant to this clause (xv), then the amount of such further obligations are cash return of investment or the Fair Market Value of such distributed asset, as the case may be, shall, upon the Administrative Agent’s receipt of a certification of the amount of the return of investment from an Authorized Officer, apply to increase the Available Basket Amount, provided that the aggregate amount of increases to the Available Basket Amount described on such Annex Vabove shall not exceed the amount of returned investment and, in no event, shall the amount of the increases made to the Available Basket Amount in respect of any Investment exceed the amount previously invested pursuant to this clause (xv); (xvi) the Borrower and its Subsidiaries may make advances in the form of a prepayment of expenses to vendors, suppliers and trade creditors, so long as such expenses were incurred in the ordinary course of business of the Borrower or such Subsidiary; and (xvii) in addition to investments permitted by clauses (i) through (xvi) of this Section 10.05, the Borrower and its Subsidiaries may make additional loans, advances and other Investments to or in a Person in an aggregate amount for all loans, advances and other Investments made pursuant to this clause (xvii) (determined without regard to any write-downs or write-offs thereof), net of cash repayments of principal in the case of loans, sale proceeds in the case of Investments in the form of debt instruments and cash equity returns (whether as a distribution, dividend, redemption or sale) in the case of equity investments, not to exceed $5,000,000.

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower Closing Date as set forth on Schedule 1.1(a), and its Subsidiaries any extension, replacement, reinvestment, modification or renewal of any such Investment; provided, that the amount of any such Investment may acquire be increased in such extension, replacement, reinvestment, modification or renewal only (i) as required by the terms of such Investment as in existence on the Closing Date and hold set forth on Schedule 1.1(a) (including as a result of the accrual or accretion of interest or original issue discount or the issuance of pay in kind securities or premium payable by the terms of such Investment) or (ii) as otherwise permitted under this Agreement; (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables and advances to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) Investments in and loans to any Credit Party; (e) loans and advances to officers, directors and employees in an aggregate amount not to exceed (x) beginning on the Borrower Third Amendment Effective Date through and its Subsidiaries may acquire including the fiscal quarter ending December 31, 2023, such amounts outstanding as of the Third Amendment Effective Date, and own investments (y) thereafter, $1,000,000 at any time outstanding; provided that, in each case, such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection from and after receipt by the Administrative Agent of the financial information required to be delivered in accordance with the provisions of Sections 5.1(a) and 5.1(b), as applicable, and the Officer’s Compliance Certificate required to be delivered in accordance with Section 5.2(b), in each case, for the fiscal quarter ending December 31, 2023, Permitted Acquisitions; (h) Investments in (i) Subsidiaries that are not Credit Parties in an aggregate amount not to exceed (x) beginning on the Third Amendment Effective Date through and including the fiscal quarter ending December 31, 2023, such amounts outstanding as of the Third Amendment Effective Date, and (y) thereafter, $5,000,000 in any fiscal year of the Borrower, (ii) joint ventures in an aggregate amount not to exceed (x) beginning on the Third Amendment Effective Date through and including the fiscal quarter ending December 31, 2023, such amounts outstanding as of the Third Amendment Effective Date, and (y) thereafter, $2,000,000 at any one time outstanding and (iii) Subsidiaries that are not Credit Parties by other Subsidiaries that are not Credit Parties; (i) Investments consisting of (i) Bank Products to the extent permitted hereunder or (ii) Hedging Agreements entered into to protect solely for bona fide hedging purposes and not for speculation; (j) Investments consisting of non-cash loans made by the Borrower to officers, directors and employees of the Borrower or any of its Subsidiaries which are used by such Persons to simultaneously purchase equity interests of the Parent; (k) Investments consisting of loans or advances to the Borrower in lieu of any Restricted Payments permitted under Section 6.9; provided that such loans or advances shall count against fluctuations any caps or limitations set forth in interest rates the applicable clause of Section 6.9; (l) Investments in prepaid expenses, negotiable instruments held for collection and lease, utility and workers’ compensation, performance and other similar deposits, each as entered into in the ordinary course of business; (m) Investments received as the non-cash portion of consideration received in connection with transactions permitted pursuant to Section 6.4(a)(vi); (n) (i) Guaranty Obligations permitted pursuant to Section 6.1(h)(i), 6.1(h)(ii) or 6.1(h)(iii), (ii) Guaranty Obligations in respect of the Obligations obligations of a Credit Party not constituting Indebtedness and other Hedging Agreements(iii) Consolidated Capital Expenditures permitted hereunder; (eo) advancesto the extent constituting an Investment, loans and investments acquisitions of property permitted under Section 6.4(x); (p) so long as no Event of Default exists, the Borrower may convert any of its accounts (as such term is defined in existence the UCC) that are in excess of ninety (90) days past due into notes or Equity Interests from the applicable account debtor so long as the Administrative Agent, for the benefit of the Lenders, is granted a first priority security interest in such Equity Interests or notes, which Lien is perfected contemporaneously with the conversion of such account to Equity Interests or notes; and (q) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that (i) such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of (x) beginning on the Third Amendment Effective Date through and listed on Annex V shall be permittedincluding the fiscal quarter ending December 31, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations 2023, such amounts outstanding as of the Third Amendment Effective Date but only to Date, and (y) thereafter, $4,000,000 at any time outstanding and (ii) no Event of Default shall exist or would result at the extent time such further obligations are described on such Annex V);Investment is made.

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower Closing Date as set forth on Schedule 1.1(a), and its Subsidiaries any extension, replacement, reinvestment, modification or renewal of any such Investment; provided, that the amount of any such Investment may acquire be increased in such extension, replacement, reinvestment, modification or renewal only (i) as required by the terms of such Investment as in existence on the Closing Date and hold set forth on Schedule 1.1(a) (including as a result of the accrual or accretion of interest or original issue discount or the issuance of pay in kind securities or premium payable by the terms of such Investment) or (ii) as otherwise permitted under this Agreement; (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables and advances to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) the Borrower Investments in and its Subsidiaries may acquire loans to any Credit Party; (e) loans and own investments advances to officers, directors and employees in an aggregate amount not to exceed $1,000,000 at any time outstanding; provided that such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection Permitted Acquisitions; (h) Investments in (i) Subsidiaries that are not Credit Parties in an aggregate amount not to exceed $5,000,000 in any fiscal year of the Borrower, (ii) joint ventures in an aggregate amount not to exceed $2,000,000 at any one time outstanding (in addition to Investments expressly permitted under Section 6.5(l)) and (iii) Subsidiaries that are not Credit Parties by other Subsidiaries that are not Credit Parties; (i) Investments consisting of (i) Bank Products to the extent permitted hereunder or (ii) Hedging Agreements entered into to protect solely for bona fide hedging purposes and not for speculation; (j) Investments consisting of non-cash loans made by the Borrower to officers, directors and employees of the Borrower or any of its Subsidiaries which are used by such Persons to simultaneously purchase equity interests of the Parent; (k) Investments consisting of loans or advances to the Borrower in lieu of any Restricted Payments permitted under Section 6.9; provided that such loans or advances shall count against fluctuations any caps or limitations set forth in interest rates the applicable clause of Section 6.9; (l) Investments in and loans to the Winopoly JV for working capital purposes in an aggregate amount not to exceed $2,000,000 at any time outstanding; (m) Investments in prepaid expenses, negotiable instruments held for collection and lease, utility and workers’ compensation, performance and other similar deposits, each as entered into in the ordinary course of business; (n) Investments received as the non-cash portion of consideration received in connection with transactions permitted pursuant to Section 6.4(a)(vi); (i) Guaranty Obligations permitted pursuant to Section 6.1(h)(i), 6.1(h)(ii) or 6.1(h)(iii), (ii) Guaranty Obligations in respect of the Obligations obligations of a Credit Party not constituting Indebtedness and other Hedging Agreements(iii) Consolidated Capital Expenditures permitted hereunder; (ep) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex Vconstituting an Investment, acquisitions of property permitted under Section 6.4(x); (q) so long as no Event of Default exists, the Borrower may convert any of its accounts (as such term is defined in the UCC) that are in excess of ninety (90) days past due into notes or Equity Interests from the applicable account debtor so long as the Administrative Agent, for the benefit of the Lenders, is granted a first priority security interest in such Equity Interests or notes, which Lien is perfected contemporaneously with the conversion of such account to Equity Interests or notes; and (r) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that (i) such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of $4,000,000 at any time outstanding and (ii) no Event of Default shall exist or would result at the time such Investment is made.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, Person or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing, an "Investment" and, collectively, the "Investments"), ) except: (a) the Borrower and its Subsidiaries may invest in Cash hold the Investments held by them on the Effective Date and Cash Equivalentsdescribed on Schedule IX, provided that any additional Investments made with respect thereto shall be permitted only if independently justified under the other provisions of this Section 8.06; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the intercompany Indebtedness described in Section 8.04(b) shall be permitted; (d) loans and advances in the ordinary course of business to employees (including, without limitation, loans to officers of the Borrower in connection with the purchase or retention of shares of Common Stock by such officers in connection with the Recapitalization) in an aggregate principal amount not to exceed $500,000 (determined without regard to any write-downs or write-offs of such loans and advances) at any time outstanding shall be permitted; (e) 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; (df) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementspermitted by Section 8.04(e) shall be permitted; (eg) advances, loans the Borrower may hold any promissory notes acquired in accordance with Section 8.02(f); (h) the Borrower and its Subsidiaries may acquire and hold cash and Cash Equivalents; (i) the Borrower may make investments in existence on the Effective Date its Wholly-Owned Subsidiaries that are Subsidiary Guarantors and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements such Subsidiary Guarantors may make investments in their respective Wholly-Owned Subsidiaries which are existing obligations as of Subsidiary Guarantors; and (j) the Effective Date but only Borrower and its Subsidiaries may make additional Investments in an aggregate amount not to the extent such further obligations are described on such Annex V);exceed $2,000,000.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), exceptexcept that the following shall be permitted: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bi) the Borrower and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) terms, and the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) Investments 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; (dii) the Borrower and its Subsidiaries may acquire and hold or invest in cash and Cash Equivalents; (iii) the Borrower and its Subsidiaries may hold the Investments held by them on the Restatement Effective Date and described on Schedule IX, provided that any additional Investments made with respect thereto shall be permitted only if independently permitted under the other provisions of this Section 9.05; (iv) the Borrower and its Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such loans and advances) shall not exceed $1,000,000; (v) the Borrower may enter into Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsObligations; (evi) advances, the Borrower and the Subsidiary Guarantors may make intercompany loans and investments in existence on the Effective Date and listed on Annex V advances between or among one another (collectively, "Intercompany Loans"), so long as each Intercompany Loan shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only evidenced by an Intercompany Note that is pledged to the extent such further obligations are described on such Annex VCollateral Agent pursuant to the Pledge Agreement; (vii) the Borrower and its Subsidiaries may hold promissory notes issued by a purchaser in connection with an asset sale permitted under Section 9.02(iii) and (iv); (viii) the Borrower and the Subsidiary Guarantors may make Investments in addition to the loans and advances described in Section 9.05(vi) between or among one another; (ix) the Borrower and its Subsidiaries may make Permitted Acquisitions effected in accordance with the requirements of Section 9.02(ix); and (x) the Borrower and its Subsidiaries may make Investments in addition to the Investments described above in this Section 9.05 not to exceed $2,000,000 in aggregate amount at any time outstanding.

Advances, Investments and Loans. The Borrower PXI will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower PXI and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) the Borrower Borrower, Xtra and its Subsidiaries Subsidiary Guarantors may acquire and hold receivables owing to itthem, if created or acquired in the its ordinary course of business and payable or dischargeable in accordance with its customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) loans and advances to employees in the Borrower ordinary course of business in an aggregate principal amount not to exceed $500,000 at any time outstanding shall be permitted; (d) Interest Rate Protection Agreements entered into in compliance with Section 8.03(c) shall be permitted; (e) advances, investments and its Subsidiaries loans existing on the Restatement Effective Date (and which are to remain outstanding after the Restatement Effective Date) and listed on Schedule XI hereto, without giving effect to any additions thereto or replacements thereof shall be permitted; (f) the Borrower, Xtra and Subsidiary Guarantors 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; (dg) Interest Rate Protection Agreements entered into any Subsidiary of PXI may make advances, loans or contributions to protect the Borrower against fluctuations Borrower, Xtra or any Subsidiary Guarantor in interest rates in respect the ordinary course of the Obligations and other Hedging Agreementsbusiness; (eh) advanceseach Subsidiary of PXI may make (x) payments to its parent corporation, PXI or Holdings, and PXI may make payments to Holdings, in each case in satisfaction of its obligations under the Approved Tax Sharing Agreement and/or (y) loans and/or advances to PXI and/or Holdings to the same extent as, and in lieu of, Dividends otherwise permitted by Section 8.06(c); (i) the Borrower and Xtra may make loans or advances to limited partnerships in which the Borrower or Xtra, as the case may be, is a limited partner for the purpose of developing shopping centers so long as the aggregate amount of loans and advances permitted hereunder shall not exceed $3,000,000 at any time outstanding; (j) the Borrower and Xtra may make additional loans, advances and investments of a nature not contemplated by the foregoing clauses (a) through (i), provided that (x) all loans, advances and investments made pursuant to this clause (i) shall not exceed $1,000,000 at any time outstanding and (y) no such loan, advance or investment shall be made in existence on or to (A) Holdings or its Affiliates (other than -61- 68 Subsidiaries of PXI) or (B) a Subsidiary that is not, or which upon receipt thereof does not become, a Subsidiary Guarantor; (k) PXI may make the Effective Date equity contributions to the Borrower and listed on Annex V Xtra required by Section 4.02(A)(c); (l) PXI may make equity contributions to, or purchase common equity of, the Borrower or Xtra, provided, that the proceeds of such equity contributions or purchases shall be exclusively used by the Borrower or Xtra, as the case may be, for the purpose of making Capital Expenditures; and (m) the Hialeah & Dadeland Transfer shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Personperson, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments")person, except: (a) the Borrower and or any of its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired them in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the Borrower loans and its Subsidiaries may acquire and own investments advances (including debt obligationsi) received in connection with the bankruptcy or reorganization of suppliers and customers and in settlement of delinquent obligations ofto employees for business-related travel expenses, moving expenses and other disputes withsimilar expenses, customers and suppliers arising in each case incurred in the ordinary course of business, and (ii) to employees in an aggregate principal amount not to exceed $500,000 at any time outstanding, shall be permitted; (d) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations extent allowed by section 8.2(c), (d) or (h), and the creation of Subsidiaries in interest rates in respect of the Obligations and other Hedging Agreementscompliance with section 8.14 shall be permitted; (e) advancesinvestments acquired by the Borrower or any of its Subsidiaries (i) in exchange for any other investment held by the Borrower or any such Subsidiary in connection with or as a result of a bankruptcy, loans workout, reorganization or recapitalization of the issuer of such other investment, or (ii) as a result of a foreclosure by the Borrower or any of its Subsidiaries with respect to any secured investment or other transfer of title with respect to any secured investment in default; (f) investments of the Borrower in Interest Rate Agreements entered into pursuant to section 8.16; (g) Loans and advances permitted by section 8.4(e); (h) the investments in existence outstanding on the Effective Closing Date and which are listed on Annex V VI hereto (without any increase thereto); and (i) loans, advances and investments not otherwise permitted pursuant to the preceding clauses, made in cash or Cash Equivalents after the Closing Date and taking into account any repayment of any such loans or advances or the return or other realization in cash or Cash Equivalents of the amount of such investments, in compliance with the following requirements: (A) at the time of making any such loan, advance or investment and after giving effect thereto, no Default or Event of Default shall have occurred and be continuing; (B) the person (including a joint venture) to which such loan or advance is made, or in which such investment is made, shall own or be committed to acquire one or more assisted living properties located in the United States; (C) the Borrower or a Subsidiary Guarantor shall have been retained (or shall have a commitment to be retained upon completion of any proposed development) to manage such property or properties, subject to any termination of any existing management contracts pertaining thereto; (D) at least 10 days prior to the date of any such loan, advance or investment involving $3,000,000 or more (including any commitments in respect of future loans, advances or investments), the Borrower shall have delivered to the Administrative Agent an officer's certificate executed on behalf of the Borrower by an Authorized Officer of the Borrower, which certificate shall (1) contain the date such loan, advance or investment is scheduled to be consummated, (2) specify the known or estimated amount thereof, (3) contain a description, to the extent then known, of the property and/or assets owned or proposed to be acquired by such person, (4) demonstrate that at the time of making any such loan, advance or investment the covenants contained in sections 8.10, 8.11, 8.12 and 8.13 shall be permittedcomplied with on a pro forma basis as if the loan, advance or investment so made had been made by the Borrower, and the Indebtedness assumed and/or incurred to acquire and/or finance same has been outstanding, for the 12 month period immediately preceding such loan, advance or investment (without giving effect to any additions credit for unobtained or unrealized gains in connection therewith), (5) confirms that the property acquired or to be acquired by such person with the proceeds of such loan, advance or investment is to be (or is to be following completion of development thereof) managed by the Borrower or a Subsidiary Guarantor, and (6) attach thereto a true and correct copy of the then proposed loan agreement, purchase agreement or replacements thereof similar agreement, partnership agreement and/or management contract entered into in connection with such loan, advance or investment; and (except those additions or replacements E) the aggregate amount of all such loans, advances and investments made after the Closing Date, when taken together with the aggregate principal amount of all loans and advances at the time outstanding made by the Borrower and the Subsidiary Guarantors to all Subsidiaries which are existing obligations not Subsidiary Guarantors, shall not exceed $20,000,000; provided that there shall be excluded from the foregoing amount the amount of any such loans, advances and investments made pursuant to this clause (i) as to which the person to whom or in whom any such loan, advance or investment is made has executed and delivered to the Administrative Agent (I) a guaranty agreement, substantially in the form of the Effective Date but only Subsidiary Guaranty, guaranteeing the Obligations, subject to the extent effect of any limitations on the enforceability of such further obligations guaranty arising under any fraudulent transfer laws and has provided to the Administrative Agent such evidence as the Administrative Agent may reasonably request to establish the financial condition and solvency of such person, and (II) a mortgage and security agreement, satisfactory in form and substance to the Administrative Agent, pursuant to which such person has granted a first priority Lien on and security interest in all of its assets and properties, subject to no encumbrances which are described on not acceptable to the Administrative Agent, accompanied by such Annex Vsupporting documentation as is contemplated by section 7.10(a);.

Advances, Investments and Loans. The Borrower Borrowers will not, and will not permit any Credit Party or any of its respective their Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contractcontract (each of the foregoing an “Investment” and, or hold any cash, Cash Equivalents (collectively, "“Investments"”), except: (a) the Borrower and its Subsidiaries Borrowers or any Subsidiary may invest in Cash cash and Cash Equivalents; (b) the Borrower Borrowers and its Subsidiaries any Subsidiary may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary;and/or reasonable extensions thereof, (c) the Borrowers and their Qualified Subsidiaries may make intercompany loans and advances between and among one another (collectively, “Intercompany Loans”); provided that (i) each such Intercompany Loan shall, at the request of the Administrative Agent be evidenced by an intercompany note which, if held by a Credit Party, shall be pledged to the Collateral Agent as, and to the extent required by, the Pledge Agreement, (ii) each Intercompany Loan made pursuant to this clause (c) shall be subject to subordination as, and to the extent required by, the Subsidiary Guaranty (giving effect to exceptions required by applicable law or regulation as contemplated thereby) and (iii) any Intercompany Loan made pursuant to this clause (c) shall cease to be permitted hereunder if the obligor or obligee thereunder ceases to be the Borrower or a Qualified Subsidiary as contemplated above; (d) the Borrowers and its Subsidiaries each Subsidiary 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; (d) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements; (e) advances, loans and investments Investments in existence on the Effective Closing Date and listed on Annex V shall be permitted(excluding Intercompany Debt), without giving effect to any additions thereto or replacements thereof thereof, shall be permitted; and (except those additions or replacements which are existing obligations as f) prior to the entry of the Effective Date but only Final Order, the Borrowers and their Subsidiaries may incur Excluded Intercompany Payables (and the Lenders, the Administrative Agent and the Borrowers agree to negotiate in good faith the extent such further obligations are described terms and conditions on such Annex Vwhich intercompany receivables and payables may be incurred, settled and paid following the entry of the Final Order);.

Advances, Investments and Loans. The Borrower will Loan Parties shall not, and will shall not permit any Credit Party other Middleby Company to, make, incur, assume or suffer to exist any Investment in any other Person, except (without duplication) the following: (i) equity Investments existing on the Closing Date in Subsidiaries identified in the “Permitted Investment Schedule” attached hereto as Schedule 7.2(h); (ii) equity Investments in Subsidiaries organized or acquired after the Closing Date in connection with transactions permitted as acquisitions of stock or assets pursuant to Section 7.2(d); (iii) in the ordinary course of business, contributions by the Parent to the capital of the Company, by the Company to any of its respective Subsidiaries toor by any such Subsidiary to the capital of any of its Subsidiaries; (iv) in the ordinary course of business, lend money Investments by the Parent in the Company, by the Company in any of its Subsidiaries or credit or make advances to by any Person, or purchase or acquire any stock, obligations or securities of, Subsidiary in the Company or any other interest inSubsidiary of the Company, by way of intercompany loans, advances or make any capital contribution toguaranties, any Person, or purchase or own a futures contract or otherwise become liable for all to the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"extent permitted by Section 7.2(a), except: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bv) Suretyship Liabilities permitted by Section 7.2(a); (vi) good faith deposits made in connection with prospective acquisitions of stock or assets permitted by Section 7.2(e); (vii) Cash Equivalent Investments; (viii) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired Blodgxxx Xxxxisition; (ix) bank deposits in the ordinary course of business and payable or dischargeable in accordance consistent with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiarypast practice; (cx) the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) Investments received in connection with the bankruptcy or reorganization creation and collection of suppliers and customers and in settlement of delinquent obligations of, and other disputes with, customers and suppliers arising receivables in the ordinary course of business; (dxi) Interest Rate Protection Agreements entered into to protect Investments set forth on the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsPermitted Investments Schedule; (exii) advancesloans to officers and directors of the Parent or any Subsidiary, so long as the aggregate principal amount of such loans and investments made after the Closing Date does not exceed $500,000; and (xiii) other Investments in existence on the Effective Date and listed on Annex V an aggregate amount (valued at cost) not exceeding $125,000 at any time outstanding; 45 provided that no Investment otherwise permitted by clause (ii), (v) (vi) or (vi) shall be permittedpermitted to be made if, without immediately before or after giving effect to thereto, any additions thereto Default or replacements thereof (except those additions or replacements which are existing obligations as Event of the Effective Date but only to the extent such further obligations are described on such Annex V);Default shall have occurred and be continuing.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing an "Investment" and, collectively, "Investments"), exceptexcept that the following shall be permitted: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (bi) the Borrower and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) terms, and the Borrower and its Subsidiaries may acquire and own investments (including debt obligations) Investments 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; (dii) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations and its Subsidiaries may acquire and hold or invest in interest rates in respect of the Obligations cash and other Hedging AgreementsCash Equivalents; (eiii) advancesthe Borrower and its Subsidiaries may receive non-cash consideration in connection with any asset sale permitted by Sections 9.02(iii), loans (iv), (vi), (vii) and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date xiv) but only to the extent set forth in such further obligations are Sections 9.02(iii), (iv), (vi), (vii) and (xiv); (iv) the Borrower and its Subsidiaries may hold the Investments held by them on the Initial Borrowing Date and described on Schedule X, provided that any additional Investments made with respect thereto shall be permitted only if independently justified under the other provisions of this Section 9.05; (v) the Borrower and its Subsidiaries may make loans and advances in the ordinary course of business to their respective employees so long as the aggregate principal amount thereof at any time outstanding (determined without regard to any write-downs or write-offs of such Annex Vloans and advances) shall not exceed $2,000,000; (vi) the Borrower may enter into Interest Protection Agreements to the extent permitted by Section 9.04(iii); (vii) the Borrower and its Subsidiaries may enter into Other Hedging Agreements to the extent permitted by Section 9.04(vii); (viii) the Borrower and the Subsidiary Guarantors may make intercompany loans and advances between or among one another (collectively, "Intercompany Loans"), so long as each Intercompany Loan shall be evidenced by an Intercompany Note that is pledged to the Collateral Administrative Agent pursuant to the Pledge Agreement, and the Borrower and the Subsidiary Guarantors may make cash Investments to their Subsidiaries to the extent that such Subsidiaries are Subsidiary Guarantors; (ix) the Borrower and the Subsidiary Guarantors may make intercompany loans and advances to non-Wholly-Owned Subsidiaries and other Persons to the extent permitted by Section 9.07, so long as any such intercompany loan or advance that is evidenced by a note shall be pledged to the Collateral Administrative Agent pursuant to (and to the extent required by) the Pledge Agreement; (x) to the extent that the Existing Glendale Debt is to be refinanced (in whole or in part) with proceeds of Loans made on or prior to the Tranche A Term Loan Commitment Termination Date, the Borrower may make an intercompany loan to the Joint Venture that has incurred the Existing Glendale Debt in an amount not to exceed the principal amount of Loans incurred to refinance the Existing Glendale Debt, so long as such intercompany loan shall be evidenced by a note that is pledged to the Collateral Administrative Agent pursuant to the Pledge Agreement; (xi) RFS may contribute to a newly-formed Wholly-Owned Subsidiary of RFS ("RFS Sub") one or more of the leasehold interests held by RFS in the RFS REIT Leases, together with a corresponding portion of the RFS REIT Equity held by RFS, in each case in connection with the securitization of RFS REIT's fee interest in the hotels leased to RFS pursuant to such RFS Leases; and (xii) the Borrower and its Subsidiaries may make additional Hotel Investments to the extent permitted by Section 9.07.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contractcontract (each of the foregoing an “Investment” and, or hold any cash, Cash Equivalents (collectively, "“Investments"”), exceptexcept that the following shall be permitted: (ai) the Subsidiaries of the Borrower may acquire and hold accounts receivables owing to any of them; (ii) the Subsidiaries of the Borrower may acquire and hold cash and Cash Equivalents; (iii) the Borrower and its Subsidiaries may invest in Cash hold the Investments held by them on the Original Effective Date and Cash Equivalentsdescribed on Schedule X, provided that such Investments may be renewed or reinvested upon the expiration or maturity thereof, and provided further that any additional Investments made with respect thereto shall be permitted only if permitted under the other provisions of this Section 10.05; (biv) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiary; (c) 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 good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (dv) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreements; (e) advances, its Subsidiaries may make loans and investments advances to their officers, employees and consultants in existence on the Effective Date ordinary course of business not to exceed $500,000 in the aggregate at any time outstanding (calculated without regard to write-downs or write-offs thereof) and listed on Annex V shall be permitted, without giving effect (ii) advances of payroll payments and expenses to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as employees in the ordinary course of the Effective Date but only to the extent such further obligations are described on such Annex V)business;

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower Closing Date as set forth on Schedule 1.1(a), and its Subsidiaries any extension, replacement, reinvestment, modification or renewal of any such Investment; provided, that the amount of any such Investment may acquire be increased in such extension, replacement, reinvestment, modification or renewal only (i) as required by the terms of such Investment as in existence on the Closing Date and hold set forth on Schedule 1.1(a) (including as a result of the accrual or accretion of interest or original issue discount or the issuance of pay in kind securities or premium payable by the terms of such Investment) or (ii) as otherwise permitted under this Agreement; (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables and advances to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) Investments in and loans to any Credit Party; (e) loans and advances to officers, directors and employees in an aggregate amount not to exceed (x) beginning on the Borrower Third Amendment Effective Date through and its Subsidiaries may acquire including the fiscal quarter ending December 31, 2023, such amounts outstanding as of the Third Amendment Effective Date, and own investments (y) thereafter, $1,000,000 at any time outstanding; provided that, in each case, such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection from and after receipt by the Administrative Agent of the financial information required to be delivered in accordance with the provisions of Sections 5.1(a) and 5.1(b), as applicable, and the Officer’s Compliance Certificate required to be delivered in accordance with Section 5.2(b), in each case, for the fiscal quarter ending December 31, 2023, Permitted Acquisitions; (h) Investments in (i) Subsidiaries that are not Credit Parties in an aggregate amount not to exceed (x) beginning on the Third Amendment Effective Date through and including the fiscal quarter ending December 31, 2023, such amounts outstanding as of the Third Amendment Effective Date, and (y) thereafter, $5,000,000 in any fiscal year of the Borrower, (ii) joint ventures in an aggregate amount not to exceed (x) beginning on the Third Amendment Effective Date through and including the fiscal quarter ending December 31, 2023, such amounts outstanding as of the Third Amendment Effective Date, and (y) thereafter, $2,000,000 at any one time outstanding and (iii) Subsidiaries that are not Credit Parties by other Subsidiaries that are not Credit Parties; (i) Investments consisting of (i) Bank Products to the extent permitted hereunder or (ii) Hedging Agreements entered into to protect solely for bona fide hedging purposes and not for speculation; (j) Investments consisting of non-cash loans made by the Borrower to officers, directors and employees of the Borrower or any of its Subsidiaries which are used by such Persons to simultaneously purchase equity interests of the Parent; (k) Investments consisting of loans or advances to the Borrower in lieu of any Restricted Payments permitted under Section 6.9; provided that such loans or advances shall count against fluctuations any caps or limitations set forth in interest rates the applicable clause of Section 6.9; (l) Investments in prepaid expenses, negotiable instruments held for collection and lease, utility and workers’ compensation, performance and other similar deposits, each as entered into in the ordinary course of business; (m) Investments received as the non-cash portion of consideration received in connection with transactions permitted pursuant to Section 6.4(a)(vi); (i) Guaranty Obligations permitted pursuant to Section 6.1(h)(i), 6.1(h)(ii) or 6.1(h)(iii), (ii) Guaranty Obligations in respect of the Obligations obligations of a Credit Party not constituting Indebtedness and other Hedging Agreements(iii) Consolidated Capital Expenditures permitted hereunder; (eo) advancesto the extent constituting an Investment, loans and investments acquisitions of property permitted under Section 6.4(x); (p) so long as no Event of Default exists, the Borrower may convert any of its accounts (as such term is defined in existence the UCC) that are in excess of ninety (90) days past due into notes or Equity Interests from the applicable account debtor so long as the Administrative Agent, for the benefit of the Lenders, is granted a first priority security interest in such Equity Interests or notes, which Lien is perfected contemporaneously with the conversion of such account to Equity Interests or notes; and (q) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that (i) such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of (x) beginning on the Third Amendment Effective Date through and listed on Annex V shall be permittedincluding the fiscal quarter ending December 31, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations 2023, such amounts outstanding as of the Third Amendment Effective Date but only to Date, and (y) thereafter, $4,000,000 at any time outstanding and (ii) no Event of Default shall exist or would result at the extent time such further obligations are described on such Annex V);Investment is made.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) investments made by the Borrower or any of its subsidiaries in those partnerships and managed entities listed on Annex VIII (the "Existing Ventures") (including the purchase of the interests held by third parties in the Existing Ventures) in an aggregate principal amount not to exceed $6,000,000 and reinvestments in Existing Ventures by the Borrower or any of its Subsidiaries may invest of any capital returned to the Borrower or any of its Subsidiaries as a result of its interests in Cash and Cash Equivalentssuch Existing Ventures; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to itthem, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) the intercompany Indebtedness described in Section 8.04(c) shall be permitted; (d) investments made by the Borrower in Subsidiary Guarantors that are Wholly-Owned Subsidiaries shall be permitted; (e) loans and advances to employees in an aggregate principal amount not to exceed $200,000 at any time outstanding shall be permitted; (f) 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; (dg) Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementspermitted by Section 8.04(f) shall be permitted; (eh) advances, loans the Borrower may hold the promissory notes acquired in accordance with Section 8.02(e); (i) the Borrower may repurchase stock to the extent permitted by Section 8.07(a)(ii) and (iii); and (j) investments made by the Borrower in existence on the Effective Date and listed on Annex V Cash Equivalents shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);.

Advances, Investments and Loans. The Borrower PXI will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, to any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "Investments"), except: (a) the Borrower PXI and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) the Borrower Borrower, Xtra and its Subsidiaries Subsidiary Guarantors may acquire and hold receivables owing to itthem, if created or acquired in the its ordinary course of business and payable or dischargeable in accordance with its customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (c) loans and advances to employees in the Borrower ordinary course of business in an aggregate principal amount not to exceed $500,000 at any time outstanding shall be permitted; (d) Interest Rate Protection Agreements entered into in compliance with Section 8.03(c) shall be permitted; (e) advances, investments and its Subsidiaries loans existing on the Restatement Effective Date (and which are to remain outstanding after the Restatement Effective Date) and listed on Schedule XI hereto, without giving effect to any additions thereto or replacements thereof shall be permitted; (f) the Borrower, Xtra and Subsidiary Guarantors 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; (dg) Interest Rate Protection Agreements entered into any Subsidiary of PXI may make advances, loans or contributions to protect the Borrower against fluctuations Borrower, Xtra or any Subsidiary Guarantor in interest rates in respect the ordinary course of the Obligations and other Hedging Agreementsbusiness; (eh) advanceseach Subsidiary of PXI may make (x) payments to its parent corporation, PXI or Holdings, and PXI may make payments to Holdings, in each case in satisfaction of its obligations under the Approved Tax Sharing Agreement and/or (y) loans and/or advances to PXI and/or Holdings to the same extent as, and in lieu of, Dividends otherwise permitted by Section 8.06(c); (i) the Borrower and Xtra may make loans or advances to limited partnerships in which the Borrower or Xtra, as the case may be, is a limited partner for the purpose of developing shopping centers so long as the aggregate amount of loans and advances permitted hereunder shall not exceed $3,000,000 at any time outstanding; (j) the Borrower and Xtra may make additional loans, advances and investments in existence on of a nature not contemplated by the Effective Date foregoing clauses (a) through (i), provided that (x) all loans, advances and listed on Annex V investments made pursuant to this clause (i) shall not exceed $1,000,000 at any time outstanding and (y) no such loan, advance or investment shall be permittedmade in or to (A) Holdings or its Affiliates (other than Subsidiaries of PXI) or (B) a Subsidiary that is not, without giving effect to any additions thereto or replacements which upon receipt thereof does not become, a Subsidiary Guarantor; (except those additions or replacements which are existing obligations as of k) PXI may make the Effective Date but only equity contributions to the extent such further obligations are described on such Annex VBorrower and Xtra required by Section 4.02(A)(c); (1) PXI may make equity contributions to, or purchase common equity of, the Borrower or Xtra, provided, that the proceeds of such equity contributions or purchases shall be exclusively used by the Borrower or Xtra, as the case may be, for the purpose of making Capital Expenditures; and

Advances, Investments and Loans. The Borrower Credit Parties will not, and nor will not they permit any Credit Party or any of its respective Subsidiaries Subsidiary to, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable Investment except for the purchase or sale of currency or other commodities at a future date in following (the nature of a futures contract, or hold any cash, Cash Equivalents (collectively, "“Permitted Investments"), except:”): (a) the Borrower and its Subsidiaries may invest in Cash cash and Cash Equivalents; (b) Investments existing as of the Borrower Closing Date as set forth on Schedule 1.1(a), and its Subsidiaries any extension, replacement, reinvestment, modification or renewal of any such Investment; provided, that the amount of any such Investment may acquire be increased in such extension, replacement, reinvestment, modification or renewal only (i) as required by the terms of such Investment as in existence on the Closing Date and hold set forth on Schedule 1.1(a) (including as a result of the accrual or accretion of interest or original issue discount or the issuance of pay in kind securities or premium payable by the terms of such Investment) or (ii) as otherwise permitted under this Agreement; (c) receivables owing to itthe Credit Parties or any of their Subsidiaries or any receivables and advances to suppliers, in each case if created created, acquired or acquired made in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower or such Subsidiaryterms; (cd) the Borrower Investments in and its Subsidiaries may acquire loans to any Credit Party; (e) loans and own investments advances to officers, directors and employees in an aggregate amount not to exceed $1,000,000 at any time outstanding; provided that such loans and advances shall comply with all applicable Requirements of Law (including Xxxxxxxx-Xxxxx); (f) 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; (dg) Interest Rate Protection Permitted Acquisitions; (h) Investments in (i) Subsidiaries that are not Credit Parties in an aggregate amount not to exceed $5,000,000 in any fiscal year of the Borrower, (ii) joint ventures in an aggregate amount not to exceed $2,000,000 at any one time outstanding and (iii) Subsidiaries that are not Credit Parties by other Subsidiaries that are not Credit Parties; (i) Investments consisting of (i) Bank Products to the extent permitted hereunder or (ii) Hedging Agreements entered into to protect solely for bona fide hedging purposes and not for speculation; (j) Investments consisting of non-cash loans made by the Borrower to officers, directors and employees of the Borrower or any of its Subsidiaries which are used by such Persons to simultaneously purchase equity interests of the Parent; (k) Investments consisting of loans or advances to the Borrower in lieu of any Restricted Payments permitted under Section 6.9; provided that such loans or advances shall count against fluctuations any caps or limitations set forth in interest rates the applicable clause of Section 6.9; (l) Investments in prepaid expenses, negotiable instruments held for collection and lease, utility and workers’ compensation, performance and other similar deposits, each as entered into in the ordinary course of business; (m) Investments received as the non-cash portion of consideration received in connection with transactions permitted pursuant to Section 6.4(a)(vi); (i) Guaranty Obligations permitted pursuant to Section 6.1(h)(i), 6.1(h)(ii) or 6.1(h)(iii), (ii) Guaranty Obligations in respect of the Obligations obligations of a Credit Party not constituting Indebtedness and other Hedging Agreements(iii) Consolidated Capital Expenditures permitted hereunder; (eo) advances, loans and investments in existence on the Effective Date and listed on Annex V shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex Vconstituting an Investment, acquisitions of property permitted under Section 6.4(x); (p) so long as no Event of Default exists, the Borrower may convert any of its accounts (as such term is defined in the UCC) that are in excess of ninety (90) days past due into notes or Equity Interests from the applicable account debtor so long as the Administrative Agent, for the benefit of the Lenders, is granted a first priority security interest in such Equity Interests or notes, which Lien is perfected contemporaneously with the conversion of such account to Equity Interests or notes; and (q) additional loan advances and/or Investments of a nature not contemplated by the foregoing clauses hereof; provided that (i) such loans, advances and/or Investments made after the Closing Date pursuant to this clause shall not exceed an aggregate amount of $4,000,000 at any time outstanding and (ii) no Event of Default shall exist or would result at the time such Investment is made.

Advances, Investments and Loans. The Borrower will not, and will not permit any Credit Party or any of its respective Subsidiaries to, lend money or credit or make advances to any Person, or purchase or acquire any stockCapital Stock, obligations or securities of, or any other interest in, or make any capital contribution to, any Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (collectively, "Investments")Equivalents, except: (a) the Borrower and its Subsidiaries Mission Entities may invest in Cash cash and Cash Equivalents; (b) the Borrower and its Subsidiaries may acquire and hold receivables owing to it, if created or acquired enter into Interest Rate Protection Agreements in the ordinary course of business and payable or dischargeable in accordance compliance with customary trade terms (including the dating of receivables) of the Borrower or such SubsidiarySection 7.05(f); (c) the Borrower and its Credit Parties may make equity contributions to the capital of their respective 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 businessthat are Credit Parties; (d) Interest Rate Protection Agreements entered into any purchase or acquisition of Capital Stock as permitted pursuant to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging AgreementsSection 7.04 (including by waiver or consent); (e) advances, loans and investments in existence on the Effective Date and listed on Annex V Schedule 7.10(e) shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only Date); (f) any Mission Entity may establish or create new Wholly-Owned Subsidiaries so long as (i) at least 30 days’ prior written notice thereof (or such lesser notice as is acceptable to the Administrative Agent) is given to the Administrative Agent, (ii) the Capital Stock of such new Subsidiary is pledged pursuant to, and to the extent required by, this Agreement and the Pledge Agreement and the certificates, if any, representing Capital Stock, together with stock powers duly executed in blank, are delivered to the Collateral Agent, (iii) such further obligations are new Subsidiary executes Guaranty Supplements, a Joinder to Security Agreement and a Joinder to Pledge Agreement, and (iv) such new Subsidiary, to the extent requested by the Administrative Agent or the Majority Lenders, takes all actions required pursuant to Section 6.16. In addition, each new Wholly-Owned Subsidiary that is required to execute any Loan Document shall execute and deliver, or cause to be executed and delivered, all other relevant documentation of the type described in Section 4.01 as such new Subsidiary would have had to deliver if such new Subsidiary were a Credit Party on such Annex V)the Effective Date; (g) the Mission Entities may make loans and advances to their respective employees in the ordinary course of business in an aggregate principal amount for all Mission Entities not to exceed $100,000 at any time outstanding; and (h) the Borrower may make intercompany loans and advances to any Wholly-Owned Subsidiary of the Borrower which is a Credit Party.

Advances, Investments and Loans. The Borrower Company will not, and will not permit any Credit Party or any of its respective Subsidiaries to, directly or indirectly, lend money or credit or make advances to any Person, or purchase or acquire any stock, obligations or securities of, or any other interest in, or make any capital contribution to, any other Person, or purchase or own a futures contract or otherwise become liable for the purchase or sale of currency or other commodities at a future date in the nature of a futures contract, or hold any cash, cash or Cash Equivalents (each of the foregoing, an "Investment" and, collectively, "Investments"), exceptexcept that: (a) the Borrower and its Subsidiaries may invest in Cash and Cash Equivalents; (b) the Borrower Company and its Subsidiaries may acquire and hold accounts receivables owing to itany of them, if created or acquired in the ordinary course of business and payable or dischargeable in accordance with customary trade terms (including the dating of receivables) of the Borrower Company or such Subsidiary; (b) the Company and its Subsidiaries may acquire and hold cash and Cash Equivalents; (c) the Borrower Company and its Subsidiaries may hold the Investments held by them on the Closing Date as described on Schedule 8.04, provided that any additional Investments made with respect thereto shall be permitted only if permitted under the other provisions of this Section 8.04; (d) the Company 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 good faith settlement of delinquent obligations of, and other disputes with, customers and suppliers arising in the ordinary course of business; (de) the Company may enter into Interest Rate Protection Agreements entered into to protect the Borrower against fluctuations in interest rates in respect of the Obligations and other Hedging Agreementsextent permitted by Section 8.01(c); (ef) advances, the Company and the Subsidiary Guarantors may make intercompany loans and investments in existence on the Effective Date advances between and listed on Annex V among one another; and (g) Permitted Acquisitions shall be permitted, without giving effect to any additions thereto or replacements thereof (except those additions or replacements which are existing obligations as of the Effective Date but only to the extent such further obligations are described on such Annex V);permitted in accordance with Section 7.10.