ANY PROVINCE OR TERRITORY THEREOF OR ANY MEMBER COUNTRY
IN THE EUROPEAN UNION, OR ANY DEPARTMENT, AGENCY, INSTRUMENTALITY OR POLITICAL
SUBDIVISION OF THE UNITED STATES OF AMERICA OR ANY STATE, TERRITORY OR
POSSESSION THEREOF (OR THE DISTRICT OF COLUMBIA), THE GOVERNMENT OF CANADA OR
ANY PROVINCE OR TERRITORY THEREOF OR ANY MEMBER COUNTRY IN THE EUROPEAN UNION,
TO SECURE PARTIAL, PROGRESS, ADVANCE OR OTHER PAYMENTS PURSUANT TO ANY CONTRACT
OR STATUTE OR TO SECURE ANY DEBT INCURRED FOR THE PURPOSE OF FINANCING ALL OR
ANY PART OF THE PURCHASE PRICE OR THE COST OF CONSTRUCTION OR IMPROVEMENT OF THE
PROPERTY SUBJECT TO SUCH SECURITY INTERESTS; OR
(X)
ANY EXTENSION, RENEWAL OR REPLACEMENT (OR SUCCESSIVE EXTENSIONS,
RENEWALS OR REPLACEMENTS), IN WHOLE OR IN PART, OF ANY SECURITY INTEREST
REFERRED TO IN THE FOREGOING CLAUSES (I) TO (IX), INCLUSIVE, WITHOUT INCREASE OF
THE PRINCIPAL OF THE DEBT SECURED THEREBY (PLUS THE AGGREGATE AMOUNT OF
PREMIUMS, COSTS AND EXPENSES PAID OR INCURRED IN CONNECTION WITH SUCH EXTENSION,
RENEWAL OR REPLACEMENT); PROVIDED, HOWEVER, THAT SUCH EXTENSION, RENEWAL OR
REPLACEMENT SHALL BE LIMITED TO ALL OR A PART OF THE PROPERTY OR OTHER ASSETS
WHICH SECURED THE SECURITY INTEREST SO EXTENDED, RENEWED OR REPLACED (PLUS
IMPROVEMENTS ON SUCH PROPERTY OR OTHER ASSETS); AND PROVIDED, FURTHER, THAT ANY
SECURITY INTEREST PERMITTED BY ANY OF THE FOREGOING CLAUSES (I) TO (IX),
INCLUSIVE, OF THIS SECTION 1006 SHALL NOT EXTEND TO OR COVER ANY PROPERTY OF THE
COMPANY OR ANY SUBSIDIARY OTHER THAN THE PROPERTY SPECIFIED IN SUCH CLAUSES AND
IMPROVEMENTS THERETO.
(B)
NOTWITHSTANDING THE FOREGOING PROVISIONS OR THE PROVISIONS OF
SECTION 1007, THE COMPANY OR ANY SUBSIDIARY MAY ISSUE, INCUR, CREATE, ASSUME OR
GUARANTEE DEBT SECURED BY SECURITY INTERESTS WHICH WOULD OTHERWISE BE SUBJECT TO
THE FOREGOING RESTRICTIONS AND ENTER INTO ANY SALE/LEASEBACK TRANSACTION THAT
WOULD OTHERWISE BE PROHIBITED BY SECTION 1007 IN AN AGGREGATE AMOUNT WHICH,
TOGETHER (BUT WITHOUT DUPLICATION) WITH (X) ALL OTHER OUTSTANDING DEBT OF THE
COMPANY AND EACH SUBSIDIARY OR ANY OF THEM WHICH (IF ORIGINALLY ISSUED,
INCURRED, CREATED, ASSUMED OR GUARANTEED AT SUCH TIME) WOULD OTHERWISE BE
SUBJECT TO THE FOREGOING RESTRICTIONS AFTER GIVING EFFECT TO SECTIONS
1006(A)(I) THROUGH 1006(A)(X) ABOVE, (Y) THE AGGREGATE ATTRIBUTABLE DEBT OF ALL
SUCH SALE/LEASEBACK TRANSACTIONS OF THE COMPANY AND EACH SUBSIDIARY OR ANY OF
THEM AT ANY ONE TIME OUTSTANDING (OTHER THAN ANY ATTRIBUTABLE DEBT RELATING TO
SALE/LEASEBACK TRANSACTIONS PURSUANT TO, AND IN COMPLIANCE WITH,
SECTION 1007(B)) AND (Z) FOLLOWING A FALL-AWAY EVENT, THE AGGREGATE DEBT OF
SUBSIDIARIES OF THE COMPANY PURSUANT TO SECTION 1010(B), DOES NOT AT THE TIME
EXCEED 15% OF CONSOLIDATED NET TANGIBLE ASSETS OF THE COMPANY.
SECTION 1007.
Limitation on Sale/Leaseback Transactions.
(A)
THE COMPANY SHALL NOT, AND SHALL NOT PERMIT ANY SUBSIDIARY TO,
ENTER INTO ANY SALE/LEASEBACK TRANSACTION WITH RESPECT TO ANY PROPERTY UNLESS
(I) THE COMPANY OR SUCH SUBSIDIARY WOULD BE ENTITLED TO CREATE SECURITY
INTERESTS ON SUCH PROPERTY SECURING THE
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ATTRIBUTABLE DEBT RELATING TO SUCH SALE/LEASEBACK TRANSACTION WITHOUT EQUALLY
AND RATABLY SECURING THE SECURITIES PURSUANT TO SECTION