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200806452 Section 4.10 hereof, permit to remain unpaid, (b) this Agreement, the Indenture, the Site Lease, the Sublease and any financing statements naming the Issuer or the Company as debtor and naming the Trustee or the Issuer as secured party filed to perfect the security interests granted by the Indenture and this Agreement, (c) utility access and other easements and rights of way, restrictions and exceptions that the Authorized Company Representative certifies will not interfere with or impair the Project, (d) any mechanic's, laborer's, materialman's, supplier's or vendor's lien, or right not filed or perfected in the manner prescribed by law and (e) such minor defects, irregularities, encumbrances and clouds on title as normally exist with respect to property similar in character to the Project and as do not, in the opinion of Independent Counsel, materially impair the property affected thereby for the purpose for which it was acquired or held by the Issuer. "Pennitted Investment" shall mean: (a) any Investment in the Company; (b) any Investment in Cash Equivalents; (c) any Investment by the Company in a Person, if as a result of such Investment: such Person is merged, consolidated or amalgamated with or into, or transfers or conveys substantially all of its assets to, or is liquidated into, the Company; (d) any Investment made as a result of the receipt of non-cash consideration from an Asset Sale; (e) any acqmSltIon of assets or Capital Stock solely in exchange for the issuance of Equity Interests (other than Disqualified Stock) of the Company; (f) any Investments received in compromise or resolution of (A) obligations of trade creditors or customers that were incurred in the ordinary course of business of the Company, including pursuant to any plan of reorganization or similar arrangement upon the bankruptcy or insolvency of any trade creditor or customer; or (B) litigation, arbitration or other disputes with Persons who are not Affiliates; (g) Investments represented by or entered into in connection with Hedging Obligations; (h) any Investment acquired by the Company on account of any claim against, or interest in, any other Person (i) acquired in good faith in connection with or as a result of a bankruptcy, workout, reorganization or recapitalization of such other Person or (ii) as a result of a bona fide foreclosure by the Company with respect to any claim against any other Person; (i) repurchases of the Bonds or pari passu Indebtedness; (j) any Investments in the Debt Service Reserve Fund and the Maintenance Reserve Fund; 4834-8191-0786.7 14