Kodak 2011 Annual Report Download - page 234

clause below shall be permitted under this Section 5.02(i) , notwithstanding that such Investment would not be permitted by any other clause):
(i) (A) Investments by the Company and its Subsidiaries in their Subsidiaries outstanding on the Petition Date, (B)
additional
Investments by the Company and its Subsidiaries in the Company or the US Subsidiary Guarantors, (C) additional Investments by Kodak Canada
and its Subsidiaries in Kodak Canada or the Canadian Subsidiary Guarantors, (D) Investments by any Loan Party in another Loan Party and (E)
additional Investments by Subsidiaries of the Company that are not Loan Parties in other Subsidiaries that are not Loan Parties;
(ii) loans and advances to employees in the ordinary course of the business of the Company and its Subsidiaries as presently
conducted in an aggregate principal amount not to exceed $10,000,000 at any time outstanding;
(iii) Investments made by Loan Parties in Subsidiaries of the Company that are not Loan Parties in an aggregate amount not
to exceed $100,000,000 at any time outstanding (determined net of any repayments in respect of such Investments received in Cash Equivalents by
any Loan Party); provided that (x) no Default shall exist at the time such Investment is made or would result therefrom and (y) the aggregate
amount of such Investments made during any fiscal quarter (net of any repayments in respect of such Investments received in Cash Equivalents by
any Loan Party during such fiscal quarter) shall not exceed $25,000,000;
(iv) Investments in Hedge Agreements designed to hedge against fluctuations in interest rates, foreign exchange rates or in
commodity prices incurred in the ordinary course of business and consistent with existing business practice;
(v) Investments received in settlement of claims against another Person in connection with (A) a bankruptcy proceeding
against such Person, (B) accounts receivable arising from or trade credit granted to, in the ordinary course of business, a financially troubled
account debtor and (C) disputes regarding intellectual property rights;
(vi) Investments arising out of the receipt by the Company or any of its Subsidiaries of non-cash consideration for the sale,
transfer or other disposition of assets permitted under Section 5.02(e) ,
(vii) Investments in an aggregate amount not to exceed $5,000,000 for all such Investments after the Petition Date,
(viii) [reserved]; and
(ix) Investments by the Company and its Subsidiaries in cash and Cash Equivalents.
(j) Prepayments, Amendments, Etc. of Debt . (i)
Prepay, redeem, purchase, defease, convert into cash or otherwise satisfy prior to the
scheduled maturity thereof in any manner, or permit any of its Subsidiaries to prepay, redeem, purchase, defease, convert into cash or otherwise satisfy prior
to the scheduled maturity thereof in any manner (x) any Debt of any Loan Party incurred
prior to the Petition Date (including the Existing Second Lien Debt
but excluding Debt incurred under the Existing Credit Agreement or the Existing Secured Agreements), (y) any Debt that is subordinated to the Obligations
or (z) any other Debt, except (A) in the case of clause (z) only, for regularly scheduled (including repayments of revolving facilities) or required repayments
or redemptions of Debt permitted hereunder provided that (1) before and after giving effect to such prepayment, redemption, purchase, defeasance or other
satisfaction, no Default shall have occurred and be continuing and (2) the Agent shall have received a certificate from a Responsible Officer of the
Company certifying compliance with the foregoing clause
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