THE INDEBTEDNESS BEING REFINANCED) OR WITHIN 90 DAYS FOLLOWING SUCH
ACQUISITION, (II) SUCH LIENS DO NOT AT ANY TIME ENCUMBER ANY PROPERTY OTHER THAN
THE PROPERTY ORIGINALLY FINANCED BY SUCH INDEBTEDNESS AND (III) THE AMOUNT OF
INDEBTEDNESS SECURED THEREBY IS NOT INCREASED;
(H)
LIENS ON ASSETS OF ANY FOREIGN SUBSIDIARY SECURING INDEBTEDNESS OR
GUARANTEE OBLIGATIONS OF SUCH FOREIGN SUBSIDIARY;
75
(I)
LIENS SECURING INDEBTEDNESS IN THE NATURE OF REIMBURSEMENT OBLIGATIONS ON
ACCOUNT OF COMMERCIAL LETTERS OF CREDIT WHICH ENCUMBER ONLY THE ASSETS ACQUIRED
OR SHIPPED WITH THE SUPPORT OF SUCH COMMERCIAL LETTER OF CREDIT;
(J)
LIENS ON THE PROPERTY OR ASSETS OF A PERSON WHICH BECOMES A SUBSIDIARY
AFTER THE DATE HEREOF SECURING INDEBTEDNESS OF SUCH SUBSIDIARY WHICH EXISTED AT
THE DATE OF ACQUISITION AND WAS NOT INCURRED IN ANTICIPATION THEREOF AND ANY
LIENS THAT REPLACE, RENEW OR EXTEND SUCH LIENS; PROVIDED THAT (I) SUCH ORIGINAL
LIENS EXISTED AT THE TIME SUCH PERSON BECAME A SUBSIDIARY AND WERE NOT CREATED
IN ANTICIPATION THEREOF, (II) ANY SUCH LIEN IS NOT SPREAD TO COVER ANY
ADDITIONAL PROPERTY OR ASSETS OF SUCH PERSON (OR THE PROPERTY OR ASSETS OF THE
COMPANY OR ANY OTHER SUBSIDIARY) AFTER THE TIME SUCH PERSON BECOMES A
SUBSIDIARY, AND (III) THE AMOUNT OF INDEBTEDNESS SECURED THEREBY IS NOT
INCREASED;
(K)
LIENS ON ACCOUNTS RECEIVABLE (AND RELATED RECORDS AND RIGHTS) THAT ARE
SOLD BY THE COMPANY OR ANY OF ITS SUBSIDIARIES TO A SPECIAL PURPOSE ENTITY (AN
"SPE") PURSUANT TO A "TRUE SALE" SECURITIZATION PROGRAM, THE PROCEEDS OF WHICH
ARE MADE AVAILABLE, DIRECTLY OR INDIRECTLY, TO THE COMPANY OR ANY OF ITS
SUBSIDIARIES; PROVIDED THAT NO RELATED INDEBTEDNESS IS RECOURSE TO THE COMPANY
OR ANY OF ITS SUBSIDIARIES (OTHER THAN THE SPE TO WHICH SUCH RECEIVABLES ARE
SOLD);
(L)
ANY JUDGMENT LIEN SECURING AN AMOUNT NOT EXCEEDING $30,000,000 IF (I) THE
JUDGMENT SECURED THEREBY IS DISCHARGED, OR EXECUTION THEREOF IS STAYED PENDING
APPEAL, WITHIN 60 DAYS AFTER THE ENTRY THEREOF AND (II) IF STAYED PENDING
APPEAL, SUCH JUDGMENT IS DISCHARGED WITHIN 60 DAYS AFTER THE EXPIRATION OF ANY
SUCH STAY; AND
(M)
LIENS (NOT OTHERWISE PERMITTED HEREUNDER) WHICH SECURE OBLIGATIONS NOT
EXCEEDING (AS TO THE COMPANY AND ALL SUBSIDIARIES) $30,000,000 IN AGGREGATE
AMOUNT AT ANY TIME OUTSTANDING.
10.3.
LIMITATION ON FUNDAMENTAL CHANGES.
ENTER INTO ANY MERGER, CONSOLIDATION
OR AMALGAMATION TO WHICH IT IS NOT THE CONTINUING OR SURVIVING CORPORATION, OR
LIQUIDATE, WIND UP OR DISSOLVE ITSELF (OR SUFFER ANY LIQUIDATION OR
DISSOLUTION), EXCEPT THAT ANY SUBSIDIARY OF A BORROWER MAY BE MERGED,
AMALGAMATED OR CONSOLIDATED WITH OR LIQUIDATED INTO SUCH BORROWER (PROVIDED THAT
(A) SUCH BORROWER SHALL BE THE CONTINUING OR SURVIVING CORPORATION AND (B) IN
THE CASE OF A MERGER, AMALGAMATION OR CONSOLIDATION OF ANY OTHER BORROWER WITH
OR LIQUIDATION INTO THE COMPANY, THE COMPANY SHALL BE THE CONTINUING OR
SURVIVING CORPORATION) OR WITH OR INTO ANY ONE OR MORE WHOLLY OWNED SUBSIDIARIES
OF THE COMPANY (PROVIDED THAT THE WHOLLY OWNED SUBSIDIARY OR SUBSIDIARIES SHALL
BE THE CONTINUING OR SURVIVING CORPORATION).
10.4.
LIMITATION ON SALE OF ASSETS.