SUCH LEASE CONSTITUTES AN INVESTMENT PERMITTED
UNDER SECTION 6.04(H);
(XI) LIENS ON ASSETS OF THE BORROWER OR ANY SUBSIDIARY SECURING UP TO
$30,000,000 OF INDEBTEDNESS PERMITTED BY SECTION 6.01(P) OR THE INCURRENCE TEST,
PROVIDED THAT NO SUCH LIEN SHALL APPLY TO ANY ASSETS CONSTITUTING COLLATERAL;
(XII) LIENS ON TIMBER PROPERTIES SECURING PERMITTED TIMBER FINANCINGS PERMITTED
UNDER SECTION 6.01(N);
(XIII) EXTENSIONS, RENEWALS OR REPLACEMENTS OF ANY LIEN REFERRED TO IN CLAUSE
(V), (VI) OR (VII) ABOVE, PROVIDED THAT SUCH EXTENSION, RENEWAL OR REPLACEMENT
IS LIMITED TO THE INDEBTEDNESS AND PROPERTY ORIGINALLY SECURED AND ENCUMBERED
THEREBY;
(XIV) LIENS SECURING INDEBTEDNESS UNDER PERMITTED SECOND LIEN NOTES PERMITTED
UNDER SECTION 6.01(M) AND PERMITTED REFINANCING INDEBTEDNESS IN RESPECT THEREOF;
AND
(XV) LIENS NOT OTHERWISE PERMITTED BY THE FOREGOING CLAUSES OF THIS PARAGRAPH
(A) SECURING OBLIGATIONS IN AN AGGREGATE AMOUNT OUTSTANDING AT ANY TIME NOT IN
EXCESS OF $20,000,000.
(B)
ENTER INTO ANY AGREEMENT PROHIBITING THE CREATION OR ASSUMPTION OF ANY LIEN
UPON PROPERTIES OR ASSETS, WHETHER NOW OWNED OR HEREAFTER ACQUIRED, EXCEPT ANY
SUCH RESTRICTION THAT EXISTS UNDER (I) THIS AGREEMENT, (II) AGREEMENTS GOVERNING
ANY INDEBTEDNESS OF FOREIGN SUBSIDIARIES PERMITTED HEREUNDER, (III) ANY
DOCUMENTS GOVERNING SECURED INDEBTEDNESS PERMITTED HEREUNDER, PROVIDED THAT SUCH
RESTRICTIONS ONLY RELATE TO THE ASSETS SECURING SUCH INDEBTEDNESS, (IV) ANY
DOCUMENTS GOVERNING INDEBTEDNESS PERMITTED UNDER SECTION 6.01(J), (M) OR (P),
PROVIDED THAT SUCH RESTRICTIONS ARE CUSTOMARY MARKET TERMS FOR SIMILAR CREDITS
AND DO NOT RESTRICT THE GRANTING OF LIENS TO SECURE INDEBTEDNESS INCURRED UNDER
THIS AGREEMENT OR THE REVOLVING FACILITY, (V) RESTRICTIONS BY REASON OF
CUSTOMARY PROVISIONS CONTAINED IN LEASES, LICENSES, GOVERNMENTAL CONTRACTS AND
SIMILAR AGREEMENTS ENTERED INTO IN THE ORDINARY COURSE OF BUSINESS, PROVIDED
THAT SUCH RESTRICTIONS ARE LIMITED TO THE PROPERTY OR ASSETS SUBJECT TO SUCH
LEASES, LICENSES, CONTRACTS OR AGREEMENTS), AND (VI) ANY AGREEMENT WITH RESPECT
TO A PERMITTED SALE OR DISPOSITION OF ANY ASSETS, PROVIDED SUCH RESTRICTIONS ARE
LIMITED TO THE ASSETS TO BE SOLD OR DISPOSED OF.
SECTION 6.03. SALE/LEASEBACK TRANSACTIONS.
ENTER INTO ANY SALE/LEASEBACK
TRANSACTION, OTHER THAN ANY SALE/LEASEBACK TRANSACTION TO THE EXTENT THAT
(I) THE CAPITAL LEASE OBLIGATIONS OR ATTRIBUTABLE INDEBTEDNESS, AS THE CASE MAY
BE, WOULD BE PERMITTED BY SECTION 6.01(H)(I) AND (II) ANY LIENS ASSOCIATED
THEREWITH WOULD BE PERMITTED BY SECTION 6.02(A) (PROVIDED THAT, IF THE BORROWER
OR ANY OF THE SUBSIDIARIES
94
ENTERS INTO SUCH SALE/LEASEBACK TRANSACTION WITH RESPECT TO ANY PROPERTY OWNED
BY THE BORROWER OR SUCH SUBSIDIARY MORE THAN 12 MONTHS PRIOR TO SUCH
TRANSACTION, SUCH SALE/LEASEBACK TRANSACTION SHALL BE TREATED AS AN ASSET SALE
AND SHALL ALSO BE SUBJECT TO THE RESTRICTIONS OF SECTION 6.13).
SECTION 6.04. INVESTMENTS, LOANS AND ADVANCES.
HAVE OUTSTANDING OR MAKE ANY
LOAN OR ADVANCE TO, OR HAVE OR MAKE ANY INVESTMENT IN, ANY OTHER PERSON OR
SUFFER TO EXIST ANY SUCH LOAN, ADVANCE OR INVESTMENT, OR ANY OBLIGATION TO MAKE
SUCH LOAN, ADVANCE OR INVESTMENT, EXCEPT AS SET FORTH ON SCHEDULE 6.04 AND
EXCEPT:
(a) Permitted Investments;
(b) loans, advances or other Investments made by (i) the Borrower or any
Subsidiary to or