Investments in the form of Guarantees permitted pursuant to [Section 6.01].

Investments in the form of Guarantees permitted pursuant to Section 6.01.

Investments in the form of Guarantees permitted pursuant to [Section 6.01]; and

Investments by a Financing Subsidiary; and

Investments in the form of Guarantees permitted pursuant to Section 6.01.

Permitted Investments(a) . The Consolidated Group’s activities shall be limited to acquiring and owning commercial properties, providing Notes Receivable, engaging in construction activities and any business activities and investments incidental thereto (including Investments in Marketable Securities) except that the following additional Investments (“Permitted Investments”) shall also be permitted so long as the aggregate value of the Permitted Investments, at then current values, under each of the [following clauses (i) through (v)], tested as of the last day of any fiscal quarter ending after the Agreement Effective Date based on Borrower’s compliance certificate for such quarter, shall not exceed the individual percentage of Gross Asset Value limits stated in such clause and such aggregate value of the Permitted Investments, at then current values, under all such clauses on a combined basis shall not at any time exceed twenty-five percent (25%) of Gross Asset Value:

Subsidiary substantially all the assets of which are Capital Stock and, if any, indebtedness in one or more Foreign Subsidiaries;

Investments in the form of Guarantees permitted pursuant to [Section 6.01].

Financing(a) . Buyer has as of the date hereof and will have as of the Closing sufficient funds on hand or available through existing credit facilities to pay the Estimated Transaction Consideration in accordance with [Section 2.4(b)].

Investments in the form of Guarantees permitted pursuant to [Section 6.01].