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;
(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;
66
(F)
LIENS IN EXISTENCE ON THE DATE HEREOF LISTED ON SCHEDULE 7.3(F), SECURING
INDEBTEDNESS PERMITTED BY SECTION 7.2(D), PROVIDED THAT NO SUCH LIEN IS SPREAD
TO COVER ANY ADDITIONAL PROPERTY AFTER THE CLOSING DATE AND THAT THE AMOUNT OF
INDEBTEDNESS SECURED THEREBY IS NOT INCREASED;
(G)
LIENS SECURING INDEBTEDNESS OF THE BORROWER OR ANY OTHER SUBSIDIARY
INCURRED PURSUANT TO SECTION 7.2(F) TO FINANCE THE ACQUISITION OF FIXED OR
CAPITAL ASSETS, PROVIDED THAT (I) SUCH LIENS SHALL BE CREATED WITHIN 120 DAYS OF
THE DATE ON WHICH SUCH PROPERTY OR EQUIPMENT IS ACQUIRED, (II) SUCH LIENS DO NOT
AT ANY TIME ENCUMBER ANY PROPERTY OTHER THAN THE PROPERTY FINANCED BY SUCH
INDEBTEDNESS AND (III) THE AMOUNT OF INDEBTEDNESS SECURED THEREBY IS NOT
INCREASED;
(H)
LIENS CREATED PURSUANT TO THE SECURITY DOCUMENTS;
(I)
ANY INTEREST OR TITLE OF A LESSOR UNDER ANY LEASE ENTERED INTO BY THE
BORROWER OR ANY OTHER SUBSIDIARY IN THE ORDINARY COURSE OF ITS BUSINESS AND
COVERING ONLY THE ASSETS SO LEASED;
(J)
JUDGMENT LIENS (OTHER THAN WITH RESPECT TO JUDGMENTS OF A SIZE SUFFICIENT
TO CAUSE AN EVENT OF DEFAULT UNDER THIS AGREEMENT) SO LONG AS SUCH LIEN IS
ADEQUATELY BONDED AND ANY APPROPRIATE LEGAL PROCEEDINGS WHICH MAY HAVE BEEN DULY
INITIATED FOR THE REVIEW OF SUCH JUDGMENT SHALL NOT HAVE BEEN FINALLY TERMINATED
OR THE PERIOD WITHIN WHICH SUCH PROCEEDINGS MAY BE INITIATED SHALL NOT HAVE
EXPIRED;
(K)
LIENS SECURING REIMBURSEMENT OBLIGATIONS WITH RESPECT TO COMMERCIAL
LETTERS OF CREDIT WHICH ENCUMBER DOCUMENTS AND OTHER PROPERTY RELATING TO SUCH
LETTERS OF CREDIT AND PRODUCTS AND PROCEEDS THEREOF;
(L)
LEASES, SUBLEASES, NON-EXCLUSIVE LICENSES AND NON-EXCLUSIVE SUBLICENSES
GRANTED BY THE BORROWER AND ITS SUBSIDIARIES TO OTHERS ON ARM'S-LENGTH TERMS
THAT DO NOT MATERIALLY INTERFERE WITH THE ORDINARY COURSE OF BUSINESS OF THE
BORROWER OR ANY OF ITS SUBSIDIARIES;
(M)
BANKERS' LIENS, RIGHTS OF SETOFF AND SIMILAR LIENS WITH RESPECT TO CASH AND
CASH EQUIVALENTS ON DEPOSIT IN ONE OR MORE BANK ACCOUNTS IN THE ORDINARY COURSE
OF BUSINESS;
(N)
LIENS IN FAVOR OF CUSTOMS AND REVENUE AUTHORITIES ARISING AS A MATTER OF
LAW TO SECURE PAYMENTS OF CUSTOM DUTIES IN CONNECTION WITH THE IMPORTATION OF
GOODS;
(O)
LIENS BY WAY OF RENT DEPOSIT CREATED IN FAVOR OF COMMERCIAL LANDLORDS,
PROVIDED THAT THE AMOUNT OF INDEBTEDNESS SECURED THEREBY DOES NOT IN THE
AGGREGATE EXCEED $1,000,000 OR ITS EQUIVALENT IN OTHER CURRENCIES;
(P)
LIENS SECURING INDEBTEDNESS OF THE BORROWER PURSUANT TO SECTION 7.2(L) OR
(M);
(Q)
LIENS NOT OTHERWISE