Common use of Loans or Advances Clause in Contracts

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (d) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; (e) loans and advances between the Company and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; and (f) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit Agreement, subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; and (g) other loans and advances made in the ordinary course of business not exceeding $10,000,000 in the aggregate at any time outstanding; provided that after giving effect to the making of any loans, advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Group.

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); provided that: (i) this covenant shall not restrict the assignment of any such loans or advances by the holder thereof to the Company or a Subsidiary Guarantor, and (ii) in the event of the sale of Modine Korea as permitted by Section 10.5(b)(ii) to a Person that is not an Affiliate of the Company, the amount of loans owed by Modine Korea to the Company on the date of such sale may continue to be outstanding after such date, to be repaid on such terms as the Company and such Person may agree; (d) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; (e) loans and advances between the Company and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; and (f) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit Agreement, subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; (g) a loan by the Company to Dutch Holdco consisting solely of the deferred payment portion of the sale of UK Dollar to Dutch Holdco permitted under Section 10.5(b)(iii); (h) a loan by the Company to Modine Holding GmbH consisting solely of the deferred payment portion of the sale of Modine Austria GmbH to Modine Holding GmbH permitted under Section 10.5(b)(iv), provided that the Company will take or cause its Subsidiaries to take all action to ensure that all obligations under such loan do and will rank at least pari passu in right of payment with all of the present and future unsubordinated Debt of Modine Holding GmbH, except to the extent: (i) otherwise required under German law, or (ii) such Debt is secured by Liens permitted under Section 10.4; and (gi) other loans and advances made in the ordinary course of business not exceeding $10,000,000 in the aggregate at any time outstanding; minus (ii) (A) $1,500,000, which is the aggregate amount of the increase in the registered capital of Modine Thermal Systems (Changzhou) Co. Ld., a Wholly-Owned Subsidiary of the Company, made in April and June of 2009, less (B) the amount by which such increase in registered capital of Modine Thermal Systems (Changzhou) Co. Ld is decreased after the date of the Third Amendment to this Agreement and returned to the Company in cash; provided that after giving effect to the making of any loans, advances or deposits permitted by clause (a), (b), (c), (d), (e), (f), (g), (h) or (gi) of this Section 10.14, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, other than as permitted under clause (h) above, provided that this provision Section 10.14 shall not restrict loans and advances between members of the Modine Holding Consolidated Group.

Loans or Advances. Neither the Company Borrower nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (db) loans or advances from any Foreign Subsidiaries to the Company Borrower or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders Agent and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required HoldersAgent; (ec) loans and advances between the Company Borrower and the Subsidiary Guarantors, provided Guarantors that such are Domestic Subsidiaries; (d) loans and advances are evidenced by documents satisfactory to between members of the Required Holders; andModine Holding Consolidated Group; (fe) other loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders Agent and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, subordinated to all Secured Obligations, Rate Management Obligations and Banking Services Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement Borrower on terms and by agreements satisfactory to the Required HoldersAgent; and (gf) other loans and advances made in the ordinary course of business or otherwise to facilitate transactions permitted under this Agreement not exceeding $10,000,000 130,000,000 in the aggregate at any time outstanding; , provided that (i) not more than $50,000,000 of such $130,000,000 may be owing by Foreign Subsidiaries that do not have 65% or more of their Capital Stock pledged under Section 2.26(a)(i), and (ii) after giving effect to the making of any loans, such loans or advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Unmatured Default shall have occurred and be continuing. Notwithstanding anything herein For purposes hereof, Foreign Subsidiaries organized under the laws of India or China shall be deemed to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member be Foreign Subsidiaries that do not have 65% or more of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Grouptheir Capital Stock pledged under Section 2.26(a)(i).

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (cb) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (di) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory subordinated to the Required Holders and are subordinated to all Secured Obligations Notes on customary terms and by agreements satisfactory to (ii) loans and advances between a Foreign Subsidiary Borrower and the Required HoldersForeign Subsidiaries that are Foreign Guarantors in respect of such Foreign Subsidiary Borrower; (c) loans and advances between and among the Company and the Subsidiary Guarantors that are Domestic Subsidiaries; (d) loans and advances between members of the Modine Netherlands Consolidated Group; (e) loans and advances between the Company and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; and (f) other loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) that, if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, then such loans and advances are subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement Borrower on terms and by agreements satisfactory to the Required Holders; andcustomary terms; (gf) other loans and advances made in the ordinary course of business or otherwise to facilitate transactions permitted under this Agreement not exceeding $10,000,000 150,000,000 in the aggregate at any time outstanding; , provided that (i) not more than $125,000,000 of such $150,000,000 may be owing by Foreign Subsidiaries that do not have 65% or more of their Equity Interests pledged under Section 9.9(a)(i), and (ii) after giving effect to the making of any loans, such loans or advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein For purposes hereof, Foreign Subsidiaries organized under the laws of India or China shall be deemed to the contrary, the Company will not, nor will it permit any Subsidiary to, make any be Foreign Subsidiaries that do not have 65% or more of their Equity Interests pledged under Section 9.9(a)(i); (g) Investments permitted by Section 10.12; (h) loans and advances to Modine Koreaofficers, any member directors, employees or consultants of the Modine Holding Consolidated Group Company or any Domestic Subsidiary that is Subsidiaries (i) in the ordinary course of business in an aggregate outstanding amount (valued at the time of the making thereof, and without giving effect to any write-downs or write-offs thereof) not a Subsidiary Guarantor at to exceed $2,500,000, (ii) in respect of payroll payments and expenses in the ordinary course of business or (iii) in connection with any time on or after such Person’s purchase of Equity Interests of the Second Amendment Effective DateCompany; (i) accounts receivable, provided that this provision shall not restrict security deposits and prepayments, trade credit and bank acceptance drafts and similar instruments delivered by customers, in each case, in the ordinary course of business; and (j) loans and advances between members constituting Luvata Transactions. For purposes of determining compliance with this Section 10.11, (A) any loan or advance need not be permitted solely by reference to one category of permitted loans and advances (or any portion thereof), but may be permitted in part under any relevant combination thereof, (B) in the event that any loan or advance (or any portion thereof) meets the criteria of one or more of the Modine Holding Consolidated Groupcategories of permitted loans and advances (or any portion thereof), the Company may, in its sole discretion, classify or divide such loan or advance (or any portion thereof) in any manner that complies with this Section 10.11 and will be entitled to only include the amount and type of such loan or advance (or any portion thereof) in one or more (as relevant) of the above clauses (or any portion thereof) and such loan or advance (or any portion thereof) shall be treated as having been made or existing pursuant to only such clause or clauses (or any portion thereof) and (C) notwithstanding any re-characterization for tax purposes of any loan or advance as equity, such loan or advance shall continue to be treated as a loan or advance.

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (db) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders Agent and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required HoldersAgent; (ec) loans and advances between the Company and the Subsidiary Guarantors, provided Guarantors that such are Domestic Subsidiaries; (d) loans and advances are evidenced by documents satisfactory to between members of the Required Holders; andModine Holding Consolidated Group; (fe) other loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders Agent and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, subordinated to all Secured Obligations, Rate Management Obligations and Banking Services Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement Borrower on terms and by agreements satisfactory to the Required HoldersAgent; and (gf) other loans and advances made in the ordinary course of business or otherwise to facilitate transactions permitted under this Agreement not exceeding $10,000,000 130,000,000 in the aggregate at any time outstanding; , provided that (i) not more than $100,000,000 of such $130,000,000 may be owing by Foreign Subsidiaries that do not have 65% or more of their Capital Stock pledged under Section 2.26(a)(i), and (ii) after giving effect to the making of any loans, such loans or advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Unmatured Default shall have occurred and be continuing. Notwithstanding anything herein For purposes hereof, Foreign Subsidiaries organized under the laws of India or China shall be deemed to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member be Foreign Subsidiaries that do not have 65% or more of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Grouptheir Capital Stock pledged under Section 2.26(a)(i).

Loans or Advances. Neither the Company No Loan Party nor any Subsidiary of its Subsidiaries a Loan Party (other than an SPV Subsidiary) shall make loans or advances to any Person except: : (ai) [Intentionally Omitted]; solely to the extent not prohibited by Applicable Laws, employee loans or advances that do not exceed Five Hundred Thousand Dollars (b$500,000) in the aggregate at any one time outstanding made on an arms’-length basis in the ordinary course of business and consistently with practices existing on December 31, 2020 and described in the Borrower’s Form 10-K for the year ended December 31, 2020 filed with the SEC as may be amended from time to time as disclosed in any subsequent annual report on Form 10-K or quarterly report on Form 10-Q filed with the SEC; (ii) deposits required by government agencies or public utilities; ; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (diii) loans or advances from any Foreign Subsidiaries to the Company Borrower or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; ; (eiv) loans and advances between the Company and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; and (f) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit Agreement, subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; and (g) other loans and advances made SBIC Entities in the ordinary course of business business, (v) loans or advances consisting of Portfolio Investments, (vi) loans and advances outstanding on the Omnibus Amendment Effective Date and set forth on Schedule 4.30, (vii) loans and advances by Loan Parties and/or Subsidiaries of Loan Parties to SBIC Entities not exceeding to exceed $10,000,000 60,000,000 in the aggregate at any one time outstandingoutstanding with maturities not to exceed twelve (12) months (provided that the Loan Parties and/or Subsidiaries (other than SPV Subsidiaries) of Loan Parties shall not be permitted to make loans and advances to SBIC Entities in excess of $20,000,000 following the Extended Commitment Termination Date) and (viii) loans and advances by a Loan Party arising from payments under any MSC Springing Guarantee; provided that after giving effect to the making of any loans, advances or deposits by a Loan Party that is permitted by clause (a), (b), (c), (d), (e), (fSection 5.11(vii) or (g) of viii), the Revolving Credit Exposure shall not exceed the Borrowing Base. All loans or advances permitted under this Section 10.145.11 (excluding Noteless Loans) shall be evidenced by written promissory notes. Except as approved by the Administrative Agent in writing, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company will not, Loan Party nor will it permit any Subsidiary to, make of a Loan Party (other than an SPV Subsidiary) shall request or receive a promissory note or other instrument from any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not Obligor in connection with a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated GroupNoteless Loan.

Loans or Advances. Neither the Company Borrower nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (cb) existing loans or advances between the Company Borrower and its Subsidiaries and between Subsidiaries described under the heading of "Intercompany Loan Balances" on Schedule 10.14 6.16 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.146.4); (dc) loans or advances from any Foreign Subsidiaries to the Company Borrower or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders Agent and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required HoldersAgent; (ed) loans and advances between the Company Borrower and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; andAgent; (fe) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders Agent and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, subordinated to all Secured Obligations and Rate Management Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement Borrower on terms and by agreements satisfactory to the Required HoldersAgent; and (gf) other loans and advances made in the ordinary course of business not exceeding $10,000,000 in the aggregate at any time outstanding; provided that after giving effect to the making of any loans, advances or deposits permitted by clause (a), (b), (c), (d), (e), ) or (f) or (g) of this Section 10.14Section, no Default or Event of Unmatured Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company Borrower will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second First Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Group.

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (db) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms customary terms; (c) (i) loans and by agreements satisfactory to advances between and among the Required HoldersCompany and the Guarantors that are Domestic Subsidiaries and (ii) loans and advances between any Foreign Subsidiary Borrower and the Foreign Subsidiaries that are Guarantors in respect of such Foreign Subsidiary Borrower; (d) loans and advances between members of the Modine Netherlands Consolidated Group; (e) loans and advances between the Company and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; and (f) other loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) that, if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, then such loans and advances are subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; andcustomary terms; (gf) other loans and advances made in the ordinary course of business or otherwise to facilitate transactions permitted under this Agreement not exceeding $10,000,000 150,000,000 in the aggregate at any time outstanding; , provided that (i) not more than $125,000,000 of such $150,000,000 may be owing by Foreign Subsidiaries that do not have 65% or more of their Capital Stock pledged under Section 5.11(a)(i), and (ii) after giving effect to the making of any loans, such loans or advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein For purposes hereof, Foreign Subsidiaries organized under the laws of India or China shall be deemed to the contrary, the Company will not, nor will it permit any Subsidiary to, make any be Foreign Subsidiaries that do not have 65% or more of their Capital Stock pledged under Section 5.11(a)(i); (g) Investments permitted by Section 6.03; (h) loans and advances to Modine Koreaofficers, any member directors, employees or consultants of the Modine Holding Consolidated Group Company or any Domestic Subsidiary that is Subsidiaries (i) in the ordinary course of business in an aggregate outstanding amount (valued at the time of the making thereof, and without giving effect to any write-downs or write-offs thereof) not a Subsidiary Guarantor at to exceed $2,500,000, (ii) in respect of payroll payments and expenses in the ordinary course of business or (iii) in connection with any time on or after such Person’s purchase of Capital Stock of the Second Amendment Effective DateCompany; (i) accounts receivable, provided that this provision shall not restrict security deposits and prepayments, trade credit and bank acceptance drafts and similar instruments delivered by customers, in each case, in the ordinary course of business; and (j) loans and advances between members constituting Luvata Transactions. For purposes of determining compliance with this Section 6.02, (A) any loan or advance need not be permitted solely by reference to one category of permitted loans and advances (or any portion thereof), but may be permitted in part under any relevant combination thereof, (B) in the event that any loan or advance (or any portion thereof) meets the criteria of one or more of the Modine Holding Consolidated Groupcategories of permitted loans and advances (or any portion thereof), the Company may, in its sole discretion, classify or divide such loan or advance (or any portion thereof) in any manner that complies with this Section 6.02 and will be entitled to only include the amount and type of such loan or advance (or any portion thereof) in one or more (as relevant) of the above clauses (or any portion thereof) and such loan or advance (or any portion thereof) shall be treated as having been made or existing pursuant to only such clause or clauses (or any portion thereof) and (C) notwithstanding any re-characterization for tax purposes of any loan or advance as equity, such loan or advance shall continue to be treated as a loan or advance.

Loans or Advances. Neither the Company Borrower nor any of its ----------------- Subsidiaries shall make loans or advances to any Person (excluding advances made by NDPS to Canadian merchants in the ordinary course of the merchant card processing business acquired in the Canadian Acquisition, and other accounts receivable of the Borrower and its Subsidiaries arising from advances made by them in the ordinary course of their respective businesses), except: : (ai) [Intentionally Omitted]; loans or advances (bother than travel advances described in clause (v) below) to employees not exceeding $1,000,000 in aggregate principal amount outstanding at any time (in the case of the GPI Group) or $500,000 in aggregate principal amount outstanding at any time (in the case of the GPS Group), in each case made in the ordinary course of business and consistent with practices existing on the Closing Date, (ii) deposits required by government agencies or public utilities; , (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (diii) loans or advances from any Foreign by the Borrower to its Operating Subsidiaries (which shall not include GPS or Subsidiaries of GPS) or by such Operating Subsidiaries to the Company or any Subsidiary GuarantorBorrower, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; (eiv) loans and or advances between by GPS to its Operating Subsidiaries or by such Operating Subsidiaries to GPS, (v) travel advances to employees not exceeding $500,000 in the Company aggregate principal amount outstanding at any time for each of the GPI Group and the Subsidiary GuarantorsGPS Group, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; and (f) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit Agreement, subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; and (g) other loans and advances in each case made in the ordinary course of business and consistent with practices existing on the Closing Date, (vi) loans or advances by the Borrower and NDC to Comerica not exceeding $10,000,000 in the aggregate amount outstanding at any time outstandingof (x) $18,000,000 minus (y) Investments made under Section 6.6(a) (excluding clause (ix) thereof), (vii) loans and advances to any members of the GPS Group outstanding as a portion of the Permitted GPS Investment, (viii) advances by the Borrower or NDPS made in the ordinary course against future compensation becoming due and payable by the Borrower or NDPS to "independent service organizations" that are parties to certain merchant services agreements entered into in the ordinary course of business with the Borrower or NDPS, and (ix) loans or advances representing Investments as described on Schedule 6.6; provided that after giving effect to the making of ------------ any loans, advances or deposits permitted by clause clauses (a), i) through (b), (c), (d), (e), (f) or (gvii) of this Section 10.14Section, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein in existence (which has not been specifically waived in writing pursuant to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated GroupSection 9.6).

Loans or Advances. Neither the Company Borrower nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (cb) existing loans or advances between the Company Borrower and its Subsidiaries and between Subsidiaries described under the heading of “Intercompany Loan Balances” on Schedule 10.14 6.16 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.146.4), provided that: (i) this covenant shall not restrict the assignment of any such “Intercompany Loan Balances” by the holder to the Borrower or a Guarantor, and (ii) in the event of the sale of Modine Korea as permitted by Section 6.9(b)(ii) to a Person that is not an Affiliate of the Borrower, the amount of loans owed by Modine Korea to the Borrower on the date of such sale may continue to be outstanding after such date, to be repaid on such terms as the Borrower and such Person may agree; (dc) loans or advances from any Foreign Subsidiaries to the Company Borrower or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders Agent and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required HoldersAgent; (ed) loans and advances between the Company Borrower and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; andAgent and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Agent; (fe) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders Agent and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, subordinated to all Secured Obligations and Rate Management Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement Borrower on terms and by agreements satisfactory to the Required HoldersAgent; (f) a loan by the Borrower to Dutch Holdco consisting solely of the deferred payment portion of the sale of UK Dollar to Dutch Holdco permitted under Section 6.9(b)(iii); (g) a loan by the Borrower to Modine Holding GmbH consisting solely of the deferred payment portion of the sale of Modine Austria GmbH to Modine Holding GmbH permitted under Section 6.9(b)(iv), provided that the Borrower will take or cause its Subsidiaries to take all action to ensure that all obligations under such loan do and will rank at least pari passu in right of payment with all of the present and future unsubordinated Indebtedness of Modine Holding GmbH, except to the extent: (i) otherwise required under German law, or (ii) such Indebtedness is secured by Permitted Encumbrances or other Liens permitted under Section 6.6; and (gh) other loans and advances made in the ordinary course of business not exceeding (i) $10,000,000 in the aggregate at any time outstanding; , minus (ii) (A) $1,500,000, which is the aggregate amount of the increase in the registered capital of Modine Thermal Systems (Changzhou) Co. Ld., a Wholly-Owned Subsidiary of the Borrower, made in April and June of 2009, less (B) the amount by which such increase in registered capital of Modine Thermal Systems (Changzhou) Co. Ld is decreased after the date of the Second Amendment to this Agreement and returned to the Borrower in cash. provided that after giving effect to the making of any loans, advances or deposits permitted by clause (a), (b), (c), (d), (e), (f), (g) or (gh) of this Section 10.14Section, no Default or Event of Unmatured Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company Borrower will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second First Amendment Effective DateDate other than as permitted under clause (g) above, provided that this provision Section 6.4 shall not restrict loans and advances between members of the Modine Holding Consolidated Group.

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (db) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; (ec) loans and advances between the Company and the Subsidiary Guarantors, provided Guarantors that such loans and advances are evidenced by documents satisfactory to the Required HoldersDomestic Subsidiaries; and (fd) loans and advances between members of the Modine Holding Consolidated Group; and (e) other loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit Agreement, subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; and (gf) other loans and advances made in the ordinary course of business or otherwise to facilitate transactions permitted under this Agreement not exceeding $10,000,000 130,000,000 in the aggregate at any time outstanding; , provided that (i) not more than $50,000,000 of such $130,000,000 may be owing by Foreign Subsidiaries that do not have 65% or more of their Equity Interests pledged under Section 9.9(a)(i), and (ii) after giving effect to the making of any loans, such loans or advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein For purposes hereof, Foreign Subsidiaries organized under the laws of India or China shall be deemed to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member be Foreign Subsidiaries that do not have 65% or more of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Grouptheir Equity Interests pledged under Section 9.9(a)(i).

Loans or Advances. Neither the Company nor any of its Subsidiaries shall make loans or advances to any Person except: (a) [Intentionally Omitted]; (b) deposits required by government agencies or public utilities; (cb) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (di) loans or advances from any Foreign Subsidiaries to the Company or any Subsidiary Guarantor, provided that such loans and advances are evidenced by documents satisfactory subordinated to the Required Holders and are subordinated to all Secured Obligations Notes on customary terms and by agreements satisfactory to (ii) loans and advances between a Foreign Subsidiary Borrower and the Required HoldersForeign Subsidiaries that are Foreign Guarantors in respect of such Foreign Subsidiary Borrower; (c) loans and advances between and among the Company and the Subsidiary Guarantors that are Domestic Subsidiaries; (d) loans and advances between members of the Modine Netherlands Consolidated Group; (e) loans and advances between the Company and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holders; and (f) other loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) that, if such loans and advances are owing by a Foreign Subsidiary that is a borrower under the Credit Agreement Borrower or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementBorrower, then such loans and advances are subordinated to all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement Borrower on terms and by agreements satisfactory to the Required Holders; andcustomary terms; (gf) other loans and advances made in the ordinary course of business or otherwise to facilitate transactions permitted under this Agreement not exceeding the greater of $10,000,000 150,000,000 and 10.0% of the consolidated total assets of the Company and its Subsidiaries (determined as of the last day of the most recent fiscal quarter for which financial statements shall have been delivered pursuant to Section 7.1(a) or Section 7.1(b) (or, prior to the delivery of any such financial statements, the last day of the last fiscal quarter included in the financial statements delivered under Section 7.1(a) or Section 7.1(b) of the Existing Note Agreement) in the aggregate at any time outstanding; , provided that (i) not more than $125,000,000 of such $150,000,000/10% basket set forth in this clause (f) may be owing by Foreign Subsidiaries that do not have 65% or more of their Equity Interests pledged under Section 9.9(a)(i), and (ii) after giving effect to the making of any loans, such loans or advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein For purposes hereof, Foreign Subsidiaries organized under the laws of India or China shall be deemed to the contrary, the Company will not, nor will it permit any Subsidiary to, make any be Foreign Subsidiaries that do not have 65% or more of their Equity Interests pledged under Section 9.9(a)(i); (g) Investments permitted by Section 10.12; (h) loans and advances to Modine Koreaofficers, any member directors, employees or consultants of the Modine Holding Consolidated Group Company or any Domestic Subsidiary that is Subsidiaries (i) in the ordinary course of business in an aggregate outstanding amount (valued at the time of the making thereof, and without giving effect to any write-downs or write-offs thereof) not a Subsidiary Guarantor at to exceed $2,500,000, (ii) in respect of payroll payments and expenses in the ordinary course of business or (iii) in connection with any time on such Person’s purchase of Equity Interests of the Company; and (i) accounts receivable, security deposits and prepayments, trade credit and bank acceptance drafts and similar instruments delivered by customers, in each case, in the ordinary course of business. For purposes of determining compliance with this Section 10.11, (A) any loan or after the Second Amendment Effective Date, provided that this provision shall advance need not restrict be permitted solely by reference to one category of permitted loans and advances between members (or any portion thereof), but may be permitted in part under any relevant combination thereof, (B) in the event that any loan or advance (or any portion thereof) meets the criteria of one or more of the Modine Holding Consolidated Groupcategories of permitted loans and advances (or any portion thereof), the Company may, in its sole discretion, classify or divide such loan or advance (or any portion thereof) in any manner that complies with this Section 10.11 and will be entitled to only include the amount and type of such loan or advance (or any portion thereof) in one or more (as relevant) of the above clauses (or any portion thereof) and such loan or advance (or any portion thereof) shall be treated as having been made or existing pursuant to only such clause or clauses (or any portion thereof) and (C) notwithstanding any re-characterization for tax purposes of any loan or advance as equity, such loan or advance shall continue to be treated as a loan or advance.

Loans or Advances. Neither the Company No Obligor nor any Subsidiary of its Subsidiaries an Obligor shall make loans or advances to any Person except: : (ai) [Intentionally Omitted]; employee loans or advances that (bwhen aggregated with all such loans and advances made by the Obligors and Subsidiaries of the Obligors) do not exceed Five Hundred Thousand Dollars ($500,000) in the aggregate at any one time outstanding made in the ordinary course of business and consistently with practices existing on the Closing Date; (ii) deposits required by government agencies or public utilities; ; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (diii) loans or advances from any Foreign Subsidiaries to the Company Borrower or any Subsidiary Guarantor; provided, provided that if reasonably requested by the Administrative Agent in writing, (A) all such loans and advances are Debt shall be evidenced by documents promissory notes and all such notes shall be subject to a first priority Lien pursuant to the Security Agreement, and (B) all such Debt shall be unsecured and subordinated in right of payment to the payment in full of the Obligations pursuant to the terms of the applicable promissory notes or an intercompany subordination agreement that in any such case, is reasonably satisfactory to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory to the Required Holders; Administrative Agent; (eiv) loans and advances between advances, if any, outstanding on the Company Closing Date and the Subsidiary Guarantors, provided that such loans and advances are evidenced by documents satisfactory to the Required Holdersset forth on Schedule 5.30; and (f) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (iiv) if such unsecured loans and or advances are owing by a Foreign Subsidiary that is a borrower not otherwise permitted under the Credit Agreement or any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit Agreementthis Section 6.9, subordinated to which when aggregated with all Secured Obligations owing by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms and by agreements satisfactory to the Required Holders; and (g) other loans and advances made in by the ordinary course Obligors and Subsidiaries of business the Obligors not exceeding otherwise permitted under this Section 6.9 and the total Investments made by the Obligors and Subsidiaries of Obligors under Section 6.11(vi) do not exceed Five Hundred Thousand Dollars ($10,000,000 500,000) in the aggregate at any time outstanding; provided that after giving effect to the making of any loans, advances or deposits permitted by clause clauses (a), i) and (b), (c), (d), (e), (f) or (gv) of this Section 10.14Section, no Default or Event of Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company will not, nor will it permit any Subsidiary to, make any All loans and or advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that permitted under this provision Section 6.9 shall not restrict loans and advances between members of the Modine Holding Consolidated Groupbe evidenced by written promissory notes.

Loans or Advances. Neither the Company Borrower nor any of its Subsidiaries shall make loans or advances to any Person except as permitted by Section 5.17 and except: : loans or advances to employees (aother than travel advances) [Intentionally Omitted]; (b) not exceeding $1,000,000 in the aggregate principal amount outstanding at any time, in each case made in the ordinary course of business and consistent with practices existing on March 31, 1998; deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (d) ; loans or advances from (1) the Borrower to any Foreign Subsidiaries Guarantor, or from any Guarantor or other Subsidiary to the Company Borrower or any Subsidiary Guarantor, (2) from the Borrower or any Guarantor to Spandex, until the UK Reorganization, and thereafter, so long as any such loans which were made prior to the UK Reorganization to Spandex continue to be evidenced by an Intercompany Note of Spandex which has been pledged pursuant to the Intercompany Note Pledge Agreement as contemplated in Section 5.25; loans and advances in existence on the date of the Original Agreement described on Schedule 5.16 in an aggregate outstanding principal amount not exceeding $24,062,192 at any one time; loans or advances made by the Borrower or any Guarantor to a Material Foreign Subsidiary, provided that such loans and advances are evidenced by documents satisfactory one or more Intercompany Notes which have been pledged to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory Agent pursuant to the Required Holders; Intercompany Note Pledge Agreement (e) including from GVCC to UK Holdco evidenced by the UK Holdco Note in connection with the UK Reorganization, subject to the satisfaction of the UK Reorganization Conditions); loans or advances made by the Borrower, any Guarantor or any Material Foreign Subsidiary to Foreign Subsidiaries that are not Material Foreign Subsidiaries consisting of Repatriation Loans (but only to the extent such loans and advances between constitute Repatriation Loans, with the Company and the Subsidiary Guarantorsamount of any particular loan or advance which does not constitute a Repatriation Loan being subject to clause (vii)), provided that such loans and advances are evidenced by documents satisfactory one or more Intercompany Notes which have been pledged to the Required Holders; and (f) loans and advances between Foreign Subsidiaries, provided that such loans and advances are (i) evidenced by documents satisfactory Agent pursuant to the Required Holders Intercompany Note Pledge Agreement, and (ii) if such provided further that the aggregate amount of all Repatriation Loans outstanding at any time after August 15, 2000 shall not exceed $10,000,000; and loans and or advances are owing made by a the Borrower, any Guarantor or any Material Foreign Subsidiary that is a borrower under the Credit Agreement or to any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementSubsidiary, subordinated to all Secured Obligations owing not otherwise permitted by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms this Section 5.16 and by agreements satisfactory to the Required Holders; and (g) other loans and advances made in the ordinary course of business not exceeding $10,000,000 15,000,000 in the aggregate at any time outstanding; provided that after giving effect to the making of any loans, advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14Section, no Default shall be in existence or Event of Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Groupcreated thereby.

Loans or Advances. Neither the Company Borrower nor any of its Material Subsidiaries shall make loans or advances to any Person except as permitted by Section 5.17 and except: (ai) [Intentionally Omitted]loans or advances to employees (other than travel advances) not exceeding $1,000,000 in the aggregate principal amount outstanding at any time, in each case made in the ordinary course of business and consistent with practices existing on March 31, 1998; (bii) deposits required by government agencies or public utilities; (c) existing loans or advances between the Company and its Subsidiaries and between Subsidiaries described on Schedule 10.14 hereto, but no increase in the amount thereof (except to the extent increased amounts are permitted under another clause of this Section 10.14); (diii) loans or advances from (1) the Borrower to any Foreign Subsidiaries Guarantor or to Spandex PLC or (2) from any Guarantor to the Company Borrower or any other Guarantor or (from and after the Offer Termination Date) to Spandex PLC or (3) from any Subsidiary to the Borrower or to any Guarantor; (iv) existing loans and advances described on Schedule 5.16 in an aggregate outstanding principal amount not exceeding $24,062,192 at any one time; (v) loans or advances made by the Borrower or any Guarantor to a Material Foreign Subsidiary, provided that such loans and advances are evidenced by documents satisfactory one or more Intercompany Notes which have been pledged to the Required Holders and are subordinated to all Secured Obligations on terms and by agreements satisfactory Agent pursuant to the Required HoldersIntercompany Note Pledge Agreement; (evi) loans or advances made by the Borrower, any Guarantor or any Material Foreign Subsidiary to Foreign Subsidiaries that are not Material Foreign Subsidiaries consisting of Repatriation Loans (but only to the extent such loans and advances between constitute Repatriation Loans, with the Company and the Subsidiary Guarantorsamount of any particular loan or advance which does not constitute a Repatriation Loan being subject to clause (vii)), provided that such loans and advances are evidenced by documents satisfactory one or more Intercompany Notes which have been pledged to the Required HoldersAgent pursuant to the Intercompany Note Pledge Agreement, and provided further that the aggregate amount of all Repatriation Loans outstanding at any time after the Amendment Effective Date shall not exceed $10,000,000; and (fvii) loans and or advances between Foreign Subsidiariesmade by the Borrower, provided that such loans and advances are (i) evidenced by documents satisfactory to the Required Holders and (ii) if such loans and advances are owing by a any Guarantor or any Material Foreign Subsidiary that is a borrower under the Credit Agreement or to any Foreign Subsidiary guaranteeing the Secured Obligations of such Foreign Subsidiary that is a borrower under the Credit AgreementSubsidiary, subordinated to all Secured Obligations owing not otherwise permitted by such Foreign Subsidiary that is a borrower under the Credit Agreement on terms this Section 5.16 and by agreements satisfactory to the Required Holders; and (g) other loans and advances made in the ordinary course of business not exceeding $10,000,000 15,000,000 in the aggregate at any time outstanding; provided that after giving effect to the making of any loans, advances or deposits permitted by clause (a), (b), (c), (d), (e), (f) or (g) of this Section 10.14Section, no Default shall be in existence or Event of Default shall have occurred and be continuing. Notwithstanding anything herein to the contrary, the Company will not, nor will it permit any Subsidiary to, make any loans and advances to Modine Korea, any member of the Modine Holding Consolidated Group or any Domestic Subsidiary that is not a Subsidiary Guarantor at any time on or after the Second Amendment Effective Date, provided that this provision shall not restrict loans and advances between members of the Modine Holding Consolidated Groupcreated thereby.