Common use of Investments by the Group Members constituting the purchase or other acquisition of all Clause in Contracts

Investments by the Group Members constituting the purchase or other acquisition of all. or substantially all of the property and assets or businesses of any Person or all or substantially all of the assets constituting a business unit, a line of business or division of such Person, or Capital Stock in a Person that, upon the consummation thereof, will be, or will become part of, a Wholly Owned Subsidiary of Parent (including as a result of a merger, amalgamation or consolidation) (each, a “Permitted Acquisition”); provided, that (i) immediately prior to and after giving effect to any such purchase or other acquisition, no Event of Default shall have occurred and be continuing; (ii) all of the applicable provisions of Section 5.9 and 5.14 the Collateral Documents have been or will be complied with in respect of such Permitted Acquisition (other than to the extent any Subsidiary purchased or acquired in such Permitted Acquisition is designated as an Unrestricted Subsidiary pursuant to Section 5.13 or is otherwise an Excluded Subsidiary); (iii) the aggregate amount of such Investments by Loan Parties in assets that are not (or do not become) directly owned by a Loan Party or in Capital Stock of Persons that do not become a Loan Party shall not exceed the sum of (A) the greater of $75.0 million and 3.0% of Consolidated Total Assets at the time such Investment is made plus (B) the Available Basket at the time such Investment is made; and (iv) any Person, property, assets or divisions acquired in accordance with this clause (f) shall be in the same or a generally related, complementary or ancillary line of business as the Group Members;

Investments by the Group Members constituting the purchase or other acquisition of all. or substantially all of the property and assets or businesses of any Person or all or substantially all of the assets constituting a business unit, a line of business or division of such Person, or Capital Stock in a Person that, upon the consummation thereof, will be, or will become part of, a Wholly Owned Subsidiary of Parent (including as a result of a merger, amalgamation or consolidation) (each, a “Permitted Acquisition”); provided, that (i) immediately prior to and after giving effect to any such purchase or other acquisition, no Event of Default shall have occurred and be continuing; (ii) all of the applicable provisions of Section 5.9 and 5.14 the Collateral Documents have been or will be complied with in respect of such Permitted Acquisition (other than to the extent any Subsidiary purchased or acquired in such Permitted Acquisition is designated as an Unrestricted Subsidiary pursuant to Section 5.13 or is otherwise an Excluded Subsidiary);; US-DOCS\73723759.13 (iii) the aggregate amount of such Investments by Loan Parties in assets that are not (or do not become) directly owned by a Loan Party or in Capital Stock of Persons that do not become a Loan Party shall not exceed the sum of (A) the greater of $75.0 million and 3.0% of Consolidated Total Assets at the time such Investment is made plus (B) the Available Equity Basket at the time such Investment is made plus (C) the Available Builder Basket at the time such Investment is made; and (iv) any Person, property, assets or divisions acquired in accordance with this clause (f) shall be in the same or a generally related, complementary related or ancillary line of business as the Group Members;

Investments by the Group Members constituting the purchase or other acquisition of all. or substantially all of the property and assets or businesses of any Person or all or substantially all of the assets constituting a business unit, a line of business or division of such Person, or Capital Stock in a Person that, upon the consummation thereof, will be, or will become part of, a Wholly Owned Subsidiary of Parent Holdings (including as a result of a merger, amalgamation or consolidation) (each, a “Permitted Acquisition”); provided, that (i) immediately prior to and after giving effect to any such purchase or other acquisition, no Event of Default shall have occurred and be continuing; (ii) all of the applicable provisions of Section 5.9 and 5.14 the Collateral Security Documents have been or will be complied with in respect of such Permitted Acquisition (other than to the extent any Subsidiary purchased or acquired in such Permitted Acquisition is designated as an Unrestricted Subsidiary pursuant to Section 5.13 or is otherwise an Excluded Subsidiary); (iii) the aggregate amount of such Investments by Loan Parties in assets that are not (or do not become) directly owned by a Loan Party or a Canada ABL Loan Party or in Capital Stock of Persons that do not become a Loan Party or a Canada ABL Loan Party shall not exceed the sum of (A) the greater of $75.0 60.0 million and 3.03.00% of Consolidated Total Assets at the time such Investment is made plus (B) the Available Equity Basket at the time such Investment is made plus (C) the Available Builder Basket at the time such Investment is made; and (iv) any Person, property, assets or divisions acquired in accordance with this clause (f) shall be in the same or a generally related, complementary related or ancillary line of business as the Group Members;

Investments by the Group Members constituting the purchase or other acquisition of all. or substantially all of the property and assets or businesses of any Person or all or substantially all of the assets constituting a business unit, a line of business or division of such Person, or Capital Stock in a Person that, upon the consummation thereof, will be, or will become part of, a Wholly Owned Subsidiary of Parent Holdings (including as a result of a merger, amalgamation or consolidation) (each, a “Permitted Acquisition”); provided, that (i) immediately prior to and after giving effect to any such purchase or other acquisition, no Event of Default shall have occurred and be continuing; (ii) all of the applicable provisions of Section 5.9 and 5.14 the Collateral Security Documents have been or will be complied with in respect of such Permitted Acquisition (other than to the extent any Subsidiary purchased or acquired in such Permitted Acquisition is designated as an Unrestricted Subsidiary pursuant to Section 5.13 or is otherwise an Excluded Subsidiary); (iii) the aggregate amount of such Investments by Loan Parties in assets that are not (or do not become) directly owned by a Loan Party or in Capital Stock of Persons that do not become a Loan Party Parties shall not exceed the sum of (A) the greater of $75.0 60.0 million and 3.03.00% of Consolidated Total Assets at the time such Investment is made plus (B) unless the Available Basket Payment Conditions are satisfied at the time such Investment is made; and (iv) any Person, property, assets or divisions acquired in accordance with this clause (f) shall be in the same or a generally related, complementary related or ancillary line of business as the Group Members;.

Investments by the Group Members constituting the purchase or other acquisition of all. or substantially all of the property and assets or businesses of any Person or all or substantially all of the assets constituting a business unit, a line of business or division of such Person, or Capital Stock in a Person that, upon the consummation thereof, will be, or will become part of, a Wholly Owned Subsidiary of Parent Mid-Holdings (including as a result of a merger, amalgamation or consolidation) (each, a “Permitted Acquisition”); provided, that (i) immediately prior to and after giving effect to any such purchase or other acquisition, no Event of Default shall have occurred and be continuing; (ii) all of the applicable provisions of Section 5.9 and 5.14 the Collateral Security Documents have been or will be complied with in respect of such Permitted Acquisition (other than to the extent any Subsidiary purchased or acquired in such Permitted Acquisition is designated as an Unrestricted Subsidiary pursuant to Section 5.13 or is otherwise an Excluded Subsidiary); (iii) the aggregate amount of such Investments by Loan Parties in assets that are not (or do not become) directly owned by a Loan Party or in Capital Stock of Persons that do not become a Loan Party Parties shall not exceed the sum of (A) the greater of $75.0 36.0 million and 3.02.40% of Consolidated Total Assets plus (B) the Available Equity Basket at the time such Investment is made plus (BC) the Available Builder Basket at the time such Investment is made; and (iv) any Person, property, assets or divisions acquired in accordance with this clause (f) shall be in the same or a generally related, complementary related or ancillary line of business as the Group Members;