LOAN DOCUMENT;
(C)
LIENS FOR TAXES, FEES, ASSESSMENTS OR OTHER
GOVERNMENTAL CHARGES WHICH ARE NOT DELINQUENT OR REMAIN PAYABLE WITHOUT PENALTY,
OR TO THE EXTENT THAT NON PAYMENT THEREOF IS PERMITTED BY SECTION 7.7;
73
(D)
CARRIERS', WAREHOUSEMEN'S, MECHANICS',
LANDLORDS', MATERIALMEN'S, REPAIRMEN'S OR OTHER SIMILAR LIENS ARISING IN THE
ORDINARY COURSE OF BUSINESS (WHETHER BY LAW OR BY CONTRACT) WHICH ARE NOT
DELINQUENT OR REMAIN PAYABLE WITHOUT PENALTY OR WHICH ARE BEING CONTESTED IN
GOOD FAITH AND BY APPROPRIATE PROCEEDINGS, WHICH PROCEEDINGS HAVE THE EFFECT OF
PREVENTING THE FORFEITURE OR SALE OF THE PROPERTY SUBJECT THERETO;
(E)
LIENS CONSISTING OF PLEDGES OR DEPOSITS
REQUIRED IN THE ORDINARY COURSE OF BUSINESS IN CONNECTION WITH WORKERS'
COMPENSATION, UNEMPLOYMENT INSURANCE AND OTHER SOCIAL SECURITY LEGISLATION;
(F)
EASEMENTS, RIGHTS OF WAY, RESTRICTIONS,
DEFECTS OR OTHER EXCEPTIONS TO TITLE AND OTHER SIMILAR ENCUMBRANCES INCURRED IN
THE ORDINARY COURSE OF BUSINESS WHICH, IN THE AGGREGATE, ARE NOT SUBSTANTIAL IN
AMOUNT, ARE NOT INCURRED TO SECURE INDEBTEDNESS, AND WHICH DO NOT IN ANY CASE
MATERIALLY DETRACT FROM THE VALUE OF THE PROPERTY SUBJECT THERETO OR INTERFERE
WITH THE ORDINARY CONDUCT OF THE BUSINESSES OF THE BORROWER, THE GUARANTORS AND
THEIR RESPECTIVE RESTRICTED SUBSIDIARIES;
(G)
LIENS ON THE PROPERTY OF THE BORROWER, ANY
GUARANTOR OR ANY RESTRICTED SUBSIDIARY OF SUCH PERSON SECURING (I) THE
NON-DELINQUENT PERFORMANCE OF BIDS, TRADE CONTRACTS (OTHER THAN FOR BORROWED
MONEY) OR STATUTORY OBLIGATIONS, (II) CONTINGENT OBLIGATIONS ON SURETY AND
APPEAL BONDS, AND (III) OTHER NON-DELINQUENT OBLIGATIONS OF A LIKE NATURE; IN
EACH CASE, INCURRED IN THE ORDINARY COURSE OF BUSINESS;
(H)
LIENS ARISING SOLELY BY VIRTUE OF ANY
STATUTORY OR COMMON LAW PROVISION RELATING TO BANKER'S LIENS, RIGHTS OF SET-OFF
OR SIMILAR RIGHTS AND REMEDIES AS TO DEPOSIT ACCOUNTS OR OTHER FUNDS MAINTAINED
WITH A CREDITOR DEPOSITORY INSTITUTION OR UNDER ANY DEPOSIT ACCOUNT AGREEMENT
ENTERED INTO IN THE ORDINARY COURSE OF BUSINESS; PROVIDED, THAT (I) SUCH DEPOSIT
ACCOUNT IS NOT A DEDICATED CASH COLLATERAL ACCOUNT AND IS NOT SUBJECT TO
RESTRICTIONS AGAINST ACCESS BY THE BORROWER, (II) THE BORROWER (OR APPLICABLE
RESTRICTED SUBSIDIARY) MAINTAINS (SUBJECT TO SUCH RIGHT OF SET OFF) DOMINION AND
CONTROL OVER SUCH ACCOUNT(S), AND (III) SUCH DEPOSIT ACCOUNT IS NOT INTENDED BY
THE BORROWER, ANY GUARANTOR OR ANY RESTRICTED SUBSIDIARY TO PROVIDE CASH
COLLATERAL TO THE DEPOSITORY INSTITUTION;
(I)
OIL AND GAS LIENS TO SECURE OBLIGATIONS
WHICH ARE NOT DELINQUENT AND WHICH DO NOT IN ANY CASE MATERIALLY DETRACT FROM
THE VALUE OF THE OIL AND GAS PROPERTY SUBJECT THERETO;
(J)
LIENS ON THE COLLATERAL SECURING THE
FIRST LIEN OBLIGATIONS; PROVIDED, THAT SUCH LIENS ARE SUBJECT TO THE
INTERCREDITOR AGREEMENT;
(K)
LIENS ARISING OUT OF JUDGMENTS OR AWARDS
THAT DO NOT CONSTITUTE AN EVENT OF DEFAULT UNDER CLAUSE (I) OF ARTICLE IX;
(L)
LIENS NOT OTHERWISE PERMITTED PURSUANT
TO THIS SECTION 8.1 SECURING PERMITTED INDEBTEDNESS TO THE EXTENT THAT THE
AGGREGATE PRINCIPAL AMOUNT OF THE OBLIGATIONS OF THE LOAN PARTIES SECURED
THEREBY DOES NOT EXCEED $5,000,000 AT ANY ONE TIME OUTSTANDING; AND
74
(M)
LIENS ON THE