as a result thereof (plus any premiums required to be paid to
such existing debtholders in connection with such refinancing).
(K)
LIMITATION ON SALES AND LEASEBACKS.
UNLESS OTHERWISE PERMITTED
UNDER SECTION 5.02(J)(XI), ENTER INTO ANY ARRANGEMENT WITH ANY PERSON PROVIDING
FOR THE LEASING BY THE BORROWER OF REAL OR PERSONAL PROPERTY, IN AN AGGREGATE
AMOUNT FOR ALL SUCH PROPERTY EXCEEDING $10,000,000, WHICH HAS BEEN OR IS TO BE
SOLD OR TRANSFERRED BY THE BORROWER TO SUCH PERSON OR TO
44
ANY OTHER PERSON TO WHOM FUNDS HAVE BEEN OR ARE TO BE ADVANCED BY SUCH PERSON ON
THE SECURITY OF SUCH PROPERTY OR RENTAL OBLIGATIONS OF THE BORROWER.
(L)
[INTENTIONALLY OMITTED].
(M)
LIMITATION ON BUSINESSES.
ENTER INTO OR ENGAGE IN ANY BUSINESS,
EITHER DIRECTLY OR THROUGH ANY SUBSIDIARY, EXCEPT FOR BUSINESSES OF THE SAME
GENERAL TYPE AS THOSE IN WHICH THE BORROWER AND ITS SUBSIDIARIES ARE ENGAGED ON
THE DATE HEREOF OR OTHER BUSINESS ACTIVITIES REASONABLY INCIDENTAL OR RELATED TO
ANY OF THE FOREGOING.
(N)
LIMITATION ON CERTAIN AMENDMENTS.
AMEND, MODIFY OR CHANGE, OR
CONSENT TO ANY AMENDMENT, MODIFICATION OR CHANGE TO ANY OF THE TERMS RELATING TO
THE PAYMENT OR PREPAYMENT OF PRINCIPAL OF OR INTEREST ON, ANY DEBT IN ANY MANNER
WHICH WOULD (I) CREATE OR ACCELERATE ANY AMORTIZATION OF THE PRINCIPAL THEREOF
PRIOR TO THE SIXTH MONTH AFTER THE MATURITY DATE, (II) RESULT IN THE MATURITY
BEING EARLIER THAN SIX MONTHS AFTER THE MATURITY DATE, (III) INCREASE THE AMOUNT
OF ANY PAYMENT OR PREPAYMENT OF PRINCIPAL THEREOF (TO EARLIER THAN SIX MONTHS
AFTER THE MATURITY DATE) OR INCREASE THE RATE OF INTEREST THEREON OR (IV) EXTEND
THE LIEN, IF ANY, GRANTED THEREBY TO EXTEND TO ANY ASSETS NOT SECURING SUCH
DEBT.
(O)
LIMITATIONS ON SUBSIDIARIES' EQUITY INTERESTS.
PERMIT ANY
SUBSIDIARY TO ISSUE ANY PREFERRED CAPITAL STOCK OR ANY REDEEMABLE COMMON STOCK
HAVING MANDATORY REDEMPTION OR OTHER AMORTIZING PAYMENTS PRIOR TO SIX MONTHS
AFTER THE MATURITY DATE OTHER THAN (I) ISSUANCES OF PREFERRED CAPITAL STOCK IN
PAYMENT OF REGULARLY ACCRUING DIVIDENDS ON THERETOFORE OUTSTANDING SHARES OF
SUCH PREFERRED CAPITAL STOCK, AND (II) IN CONNECTION WITH INVESTMENTS MADE
PURSUANT TO SECTION 5.02(H)(IX) OR (X).
(P)
HEDGING ARRANGEMENTS; FORWARD SALE OR PURCHASE CONTRACTS.
(I)
ENTER INTO, AND SHALL NOT PERMIT ANY SUBSIDIARY TO ENTER INTO, ANY INTEREST RATE
PROTECTION AGREEMENT, INTEREST RATE FUTURE, INTEREST RATE OPTION, INTEREST RATE
SWAP, OR OTHER INTEREST RATE HEDGE OR ARRANGEMENT, OR ANY OTHER AGREEMENT OR
ARRANGEMENT DESIGNED TO LIMIT OR ELIMINATE THE RISK OR EXPOSURE TO FLUCTUATIONS
IN CURRENCY EXCHANGE RATES, OR FUEL OR OTHER COMMODITY PRICES, OTHER THAN (A)
(1) ANY SUCH AGREEMENT OR ARRANGEMENT ENTERED INTO IN THE ORDINARY COURSE OF
BUSINESS TO HEDGE OR MITIGATE RISKS TO SUCH WHICH THE BORROWER OR ANY SUBSIDIARY
IS EXPOSED IN THE CONDUCT OF ITS BUSINESS OR THE MANAGEMENT OF ITS LIABILITIES
AND (2) NOT FOR SPECULATIVE PURPOSES OR (B) IN THE CASE OF AGREEMENTS OR
ARRANGEMENTS RELATING TO INTEREST RATES, ENTERED INTO TO TAKE ADVANTAGE OF
REDUCED INTEREST RATES BY CONVERTING FIXED RATE