Market Purchases

Market Purchases. Investments in the form of open-market purchases of publicly traded securities made for the ultimate purpose of consummating or preparing to consummate Permitted Acquisitions ("Market Purchases") in an aggregate amount for all such Market Purchases not to exceed $20,000,000 at any time while such Permitted Acquisitions are pending or contemplated and not yet consummated. Notwithstanding... the foregoing, however, the Borrower may make additional Market Purchases in excess of the $20,000,000 limitation set forth above; provided that (i) the ratio of Consolidated Senior Indebtedness to Consolidated EBITDA as of the last day of the most recent Rolling Period (calculated on a pro forma basis as if such Market Purchase, and the incurrence of any Indebtedness by any Loan Party in connection therewith, had occurred immediately prior to such day) is less than 1.0 to 1.0 and (ii) in no event shall the aggregate amount for all Market Purchases made pursuant to this clause (j) exceed $50,000,000 at any time while such Permitted Acquisitions are pending or contemplated. Subject to the limits set forth above, the Borrower and its Subsidiaries may retain investments from Market Purchases regardless of whether the related Permitted Acquisition is consummated; and View More