NOT RESULTING IN AN EVENT OF DEFAULT UNDER CLAUSE (J) OF
SECTION 10;
(E)
LIENS (OTHER THAN ANY LIENS IMPOSED BY ERISA OR CODE SECTION 412 OR
430 OR PURSUANT TO ANY ENVIRONMENTAL LAW) NOT SECURING INDEBTEDNESS OR HEDGING
OBLIGATIONS INCURRED OR DEPOSITS MADE IN THE ORDINARY COURSE OF BUSINESS IN
CONNECTION WITH WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE AND OTHER TYPES OF
SOCIAL SECURITY LEGISLATION AND OTHER SIMILAR OBLIGATIONS INCURRED IN THE
ORDINARY COURSE OF BUSINESS;
93
(F)
LIENS SECURING OBLIGATIONS IN RESPECT OF THE PERFORMANCE OF BIDS,
TRADE CONTRACTS, GOVERNMENTAL CONTRACTS AND LEASES (OTHER THAN FOR INDEBTEDNESS
FOR BORROWED MONEY INCLUDING ANY PRECAUTIONARY UNIFORM COMMERCIAL CODE FINANCING
STATEMENTS FILED BY A LESSOR WITH RESPECT TO ANY EQUIPMENT LEASE), STATUTORY
OBLIGATIONS, SURETY, STAY, CUSTOMS AND APPEAL BONDS, PERFORMANCE BONDS AND OTHER
OBLIGATIONS OF A LIKE NATURE (INCLUDING THOSE TO SECURE HEALTH, SAFETY AND
ENVIRONMENTAL OBLIGATIONS) INCURRED IN THE ORDINARY COURSE OF BUSINESS;
(G)
EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS AND OTHER SIMILAR
ENCUMBRANCES INCURRED IN THE ORDINARY COURSE OF BUSINESS AND ENCUMBRANCES
CONSISTING OF ZONING RESTRICTIONS, EASEMENTS, LICENSES, RESTRICTIONS ON THE USE
OF PROPERTY OR MINOR IMPERFECTIONS IN TITLE THERETO THAT, IN THE AGGREGATE THAT
DO NOT INTERFERE IN ANY MATERIAL RESPECT WITH THE ORDINARY CONDUCT OF THE
BUSINESS OF PARENT OR ANY OF ITS SUBSIDIARIES;
(H)
LIENS SECURING PURCHASE MONEY INDEBTEDNESS OR CAPITAL LEASE
OBLIGATIONS TO THE EXTENT SUCH INDEBTEDNESS IS PERMITTED TO BE INCURRED UNDER
SECTION 9.3(G); PROVIDED, THAT SUCH LIENS SHALL ENCUMBER ONLY THE PROPERTY THAT
IS THE SUBJECT OF SUCH PURCHASE MONEY INDEBTEDNESS OR CAPITAL LEASE OBLIGATIONS;
PROVIDED THAT INDIVIDUAL FINANCINGS OF EQUIPMENT PROVIDED BY ONE LENDER MAY BE
CROSS-COLLATERALIZED TO OTHER FINANCINGS OF EQUIPMENT BY SUCH LENDER;
(I)
LIENS SECURING INDEBTEDNESS TO THE EXTENT SUCH INDEBTEDNESS IS
PERMITTED UNDER SECTION 9.3(H); PROVIDED, THAT SUCH LIENS SHALL ENCUMBER ONLY
THE PROPERTY THAT IS THE SUBJECT OF SUCH INDEBTEDNESS;
(J)
LIENS PURSUANT TO THE GREAT ESCAPE AGREEMENTS OR PURSUANT TO
LEASES, CONCESSIONS AND SIMILAR ARRANGEMENTS, OR OTHER ARRANGEMENTS ENTERED INTO
IN THE ORDINARY COURSE OF BUSINESS BY HOLDINGS AND ITS SUBSIDIARIES THAT COULD
NOT REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE EFFECT;
(K)
LIENS SECURING ANY INDEBTEDNESS PERMITTED BY SECTION 9.3(I);
PROVIDED THAT SUCH LIENS ARE SUBORDINATED TO THE LIENS SECURING THE OBLIGATIONS
IN ACCORDANCE WITH, OR OTHERWISE SUBJECT TO, THE TERMS OF THE INTERCREDITOR
AGREEMENT (OR ANY REPLACEMENT INTERCREDITOR AGREEMENT REASONABLY ACCEPTABLE TO
THE ADMINISTRATIVE AGENT ON TERMS SIMILAR TO THE INTERCREDITOR AGREEMENT);
(L)
LIENS ON ANY ASSET OF A PERSON EXISTING AT THE TIME SUCH PERSON
BECOMES A SUBSIDIARY OF THE BORROWER OR IS MERGED INTO OR CONSOLIDATED WITH OR
INTO THE BORROWER OR ANY OF ITS SUBSIDIARIES AND NOT CREATED IN CONTEMPLATION OF
SUCH EVENT;
(M)
LEASES, LICENSES, SUBLEASES OR SUBLICENSES (INCLUDING THE PROVISION OF
SOFTWARE UNDER AN OPEN SOURCE LICENSE) GRANTED TO OTHERS IN THE ORDINARY COURSE
OF BUSINESS WHICH DO NOT (I) INTERFERE IN ANY MATERIAL RESPECT WITH THE BUSINESS
OF HOLDINGS OR ANY MATERIAL SUBSIDIARY, TAKEN AS A WHOLE, OR (II) SECURE ANY