ARISING IN THE ORDINARY COURSE OF BUSINESS
CONSISTENT WITH PAST PRACTICES) FROM FANNIE MAE OR FREDDIE MAC, OR OTHER
INVESTORS ACCEPTABLE TO THE REQUIRED LENDERS IN THEIR REASONABLE DISCRETION, ON
TERMS AND CONDITIONS CONSISTENT WITH THE MORTGAGE WAREHOUSE LINE OF CREDIT
UTILIZED BY CMC ON THE DATE HEREOF);
10.1.5
EXISTING LIENS.
LIENS EXISTING ON THE DATE HEREOF AND LISTED ON
SCHEDULE 8.3 AND ANY RENEWALS OR EXTENSIONS THEREOF; PROVIDED THAT (I) THE
PROPERTY COVERED THEREBY IS NOT CHANGED, (II) THE AMOUNT SECURED OR BENEFITED
THEREBY IS NOT INCREASED, (III) THE DIRECT OR ANY CONTINGENT OBLIGOR WITH
RESPECT THERETO IS NOT CHANGED, AND (IV) ANY RENEWAL OR EXTENSION OF THE
OBLIGATIONS SECURED OR BENEFITED THEREBY IS PERMITTED BY SECTION 10.3;
10.1.6
MECHANICS LIENS, ETC.
LANDLORDS', CARRIERS', WAREHOUSEMEN'S,
MECHANICS', MATERIALMEN'S, REPAIRMEN'S OR OTHER LIKE STATUTORY LIENS ARISING IN
THE ORDINARY COURSE OF BUSINESS WHICH ARE NOT OVERDUE FOR A PERIOD OF MORE THAN
THIRTY (30) DAYS OR WHICH ARE BEING CONTESTED IN GOOD FAITH AND BY APPROPRIATE
PROCEEDINGS DILIGENTLY CONDUCTED, IF ADEQUATE RESERVES WITH RESPECT THERETO ARE
MAINTAINED ON THE BOOKS OF THE APPLICABLE PERSON;
10.1.7
PLEDGES & DEPOSITS.
LIENS (INCLUDING PLEDGES AND DEPOSITS) INCURRED
IN THE ORDINARY COURSE OF BUSINESS IN CONNECTION WITH WORKERS' COMPENSATION,
UNEMPLOYMENT INSURANCE AND OTHER SOCIAL SECURITY LEGISLATION, OTHER THAN ANY
LIEN IMPOSED BY ERISA;
10.1.8
BIDS.
LIENS (INCLUDING PLEDGES AND DEPOSITS) INCURRED TO SECURE THE
PERFORMANCE OF BIDS, TRADE CONTRACTS, TENDERS, AND LEASES (OTHER THAN
INDEBTEDNESS), STATUTORY OBLIGATIONS, SURETY AND APPEAL BONDS, PERFORMANCE BONDS
AND OTHER OBLIGATIONS OF A LIKE NATURE INCURRED IN THE ORDINARY COURSE OF
BUSINESS;
10.1.9
EASEMENTS.
EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS, RESERVATIONS,
COVENANTS, CONDITIONS, ENCROACHMENTS, OTHER MINOR DEFECTS OR IRREGULARITIES OF
TITLE, AND OTHER SIMILAR ENCUMBRANCES AFFECTING REAL
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PROPERTY WHICH, IN THE AGGREGATE, ARE NOT SUBSTANTIAL IN AMOUNT, AND WHICH DO
NOT IN ANY CASE MATERIALLY DETRACT FROM THE VALUE OF THE PROPERTY SUBJECT
THERETO OR MATERIALLY INTERFERE WITH THE ORDINARY CONDUCT OF THE BUSINESS OF THE
APPLICABLE PERSON;
10.1.10
JUDGMENTS.
LIENS SECURING JUDGMENTS FOR THE PAYMENT OF MONEY NOT
CONSTITUTING AN EVENT OF DEFAULT UNDER SECTION 11.1.7;
10.1.11
PURCHASE MONEY.
LIENS SECURING INDEBTEDNESS PERMITTED UNDER
SECTION 10.3.1(E); PROVIDED THAT (I) SUCH LIENS DO NOT AT ANY TIME ENCUMBER ANY
PROPERTY OTHER THAN THE PROPERTY FINANCED BY SUCH INDEBTEDNESS AND (II) THE
INDEBTEDNESS SECURED THEREBY DOES NOT EXCEED THE COST OR FAIR MARKET VALUE,
WHICHEVER IS LOWER, OF THE PROPERTY BEING ACQUIRED ON THE DATE OF ACQUISITION;
10.1.12
PRECAUTIONARY UCC FINANCING STATEMENTS.
THE INTEREST OF A LESSOR
UNDER LIENS ARISING FROM PRECAUTIONARY UCC FINANCING STATEMENT FILINGS REGARDING
LEASES (OTHER THAN INDEBTEDNESS) ENTERED INTO BY SUCH PERSONS IN THE ORDINARY
COURSE OF BUSINESS;
10.1.13
BANKERS' LIENS.
LIENS THAT ARE CONTRACTUAL OR STATUTORY SET-OFF
RIGHTS ARISING IN THE ORDINARY COURSE OF BUSINESS WITH FINANCIAL INSTITUTIONS OR
BANKERS' LIENS ON DEPOSITS OF CASH IN FAVOR OF BANKS OR OTHER DEPOSITORY
INSTITUTIONS, SOLELY TO THE EXTENT INCURRED IN CONNECTION WITH THE MAINTENANCE
OF SUCH DEPOSIT ACCOUNTS IN THE ORDINARY COURSE OF BUSINESS;
10.1.14
LICENSES.
ANY INTEREST