30 DAYS OR THAT ARE
BEING CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS;
(C) PLEDGES OR DEPOSITS IN CONNECTION WITH WORKERS' COMPENSATION, UNEMPLOYMENT
INSURANCE AND OTHER SOCIAL SECURITY LEGISLATION AND LETTERS OF CREDIT ISSUED IN
LIEU OF SUCH DEPOSITS IN THE ORDINARY COURSE OF BUSINESS;
(D) DEPOSITS TO SECURE THE PERFORMANCE OF BIDS, TRADE CONTRACTS (OTHER THAN FOR
BORROWED MONEY), LEASES, STATUTORY OBLIGATIONS, SURETY AND APPEAL BONDS,
PERFORMANCE BONDS AND OTHER OBLIGATIONS OF A LIKE NATURE INCURRED IN THE
ORDINARY COURSE OF BUSINESS;
76
(E) EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS AND OTHER SIMILAR ENCUMBRANCES
INCURRED IN THE ORDINARY COURSE OF BUSINESS THAT, IN THE AGGREGATE, ARE NOT
SUBSTANTIAL IN AMOUNT AND THAT 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 BORROWER OR ANY OF ITS SUBSIDIARIES;
(F) ATTACHMENT OR JUDGMENT LIENS NOT CONSTITUTING AN EVENT OF DEFAULT UNDER
SECTION 9; PROVIDED THAT SUCH LIEN IS RELEASED WITHIN 60 DAYS AFTER THE ENTRY
THEREOF;
(G) LIENS IN FAVOR OF CUSTOMS AND REVENUE AUTHORITIES TO SECURE PAYMENT OF
CUSTOMS DUTIES IN CONNECTION WITH THE IMPORTATION OF GOODS THAT ARE NOT OVERDUE
FOR A PERIOD OF MORE THAN 30 DAYS OR THAT ARE BEING CONTESTED IN GOOD FAITH BY
APPROPRIATE PROCEEDINGS; PROVIDED THAT, SUCH LIENS DO NOT ENCUMBER ANY PROPERTY
OTHER THAN THE GOODS SUBJECT TO SUCH CUSTOMS DUTIES;
(H) ZONING OR SIMILAR LAWS OR RIGHTS RESERVED TO OR VESTED IN ANY GOVERNMENTAL
AUTHORITY TO CONTROL OR REGULATE THE USE OF ANY REAL PROPERTY;
(I) LIENS SECURING OBLIGATIONS (OTHER THAN OBLIGATIONS REPRESENTING INDEBTEDNESS
FOR BORROWED MONEY) UNDER OPERATING, RECIPROCAL EASEMENT OR SIMILAR AGREEMENTS
ENTERED INTO IN THE ORDINARY COURSE OF BUSINESS OF THE BORROWER AND ITS
SUBSIDIARIES;
(J) LICENSES OF INTELLECTUAL PROPERTY GRANTED BY THE BORROWER OR ANY OF ITS
SUBSIDIARIES WHICH DO NOT INTERFERE IN ANY MATERIAL RESPECT WITH THE ORDINARY
CONDUCT OF THE BUSINESS OF THE BORROWER OR SUCH SUBSIDIARY;
(K) LIENS SECURING INDEBTEDNESS OF ANY NON-GUARANTOR SUBSIDIARY PERMITTED BY
SECTION 8.2(B)(III) AND SECTION 8.2(H), TO THE EXTENT SUCH LIEN DOES NOT AT ANY
TIME ENCUMBER ANY PROPERTY OTHER THAN THE PROPERTY OF SUCH NON-GUARANTOR
SUBSIDIARY;
(L) LIENS IN EXISTENCE ON THE EFFECTIVE DATE LISTED ON SCHEDULE 8.3(L), SECURING
INDEBTEDNESS PERMITTED BY SECTION 8.2(D), PROVIDED THAT NO SUCH LIEN IS SPREAD
TO COVER ANY ADDITIONAL PROPERTY AFTER THE EFFECTIVE DATE AND THAT THE AMOUNT OF
INDEBTEDNESS SECURED THEREBY IS NOT INCREASED;
(M) LIENS ON FIXED OR CAPITAL ASSETS ACQUIRED, CONSTRUCTED OR IMPROVED BY THE
BORROWER OR ANY SUBSIDIARY IN THE ORDINARY COURSE OF BUSINESS; PROVIDED THAT
(I) SUCH SECURITY INTERESTS SECURE INDEBTEDNESS PERMITTED BY SECTION 8.2(E),
(II) SUCH SECURITY INTERESTS AND THE INDEBTEDNESS SECURED THEREBY ARE INCURRED
PRIOR TO OR WITHIN 90 DAYS AFTER SUCH ACQUISITION OR THE COMPLETION OF SUCH
CONSTRUCTION OR IMPROVEMENT, AND (III) SUCH SECURITY INTERESTS SHALL NOT APPLY
TO ANY OTHER PROPERTY OR ASSETS OF THE BORROWER OR ANY SUBSIDIARY;
(N) LIENS CREATED PURSUANT TO THE SECURITY DOCUMENTS;
77