IS NOT SECURED BY ANY ADDITIONAL ASSETS (OTHER THAN, IN THE CASE OF DEBT
PERMITTED UNDER SECTION 5.07(B)(VII), LIENS ON ASSETS OF ANY SUBSIDIARY
PERMITTED UNDER SUCH SECTION 5.07(B)(VII) AND SECTION 5.16(B) TO BE OBLIGATED ON
SUCH DEBT);
(H)
LIENS ARISING IN THE ORDINARY COURSE OF ITS BUSINESS WHICH DO NOT
SECURE OBLIGATIONS IN AN AGGREGATE AMOUNT IN EXCESS OF $25,000,000 AND DO NOT IN
THE AGGREGATE MATERIALLY DETRACT FROM THE VALUE OF ITS ASSETS OR MATERIALLY
IMPAIR THE USE THEREOF IN THE OPERATION OF ITS BUSINESS;
(I)
LIENS IN CONNECTION WITH WORKER'S COMPENSATION, SOCIAL SECURITY
OBLIGATIONS, TAXES, ASSESSMENTS, STATUTORY OBLIGATIONS OR OTHER SIMILAR CHARGES,
GOOD FAITH DEPOSITS IN CONNECTION WITH TENDERS, CONTRACTS OR LEASES TO WHICH THE
BORROWER OR ANY OF ITS SUBSIDIARIES IS A PARTY OR OTHER DEPOSITS REQUIRED TO BE
MADE IN THE ORDINARY COURSE OF BUSINESS AND NOT IN CONNECTION WITH BORROWING
MONEY OR OBTAINING ADVANCES OR CREDIT; PROVIDED IN EACH CASE THAT THE OBLIGATION
OR LIABILITY ARISES IN THE ORDINARY COURSE OF BUSINESS AND IF OVERDUE IS BEING
CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS;
(J)
INCHOATE MATERIALMEN'S, MECHANICS', WORKMEN'S, REPAIRMEN'S,
EMPLOYEES', CARRIERS', WAREHOUSEMEN'S, OR OTHER LIKE LIENS ARISING IN THE
ORDINARY COURSE OF BUSINESS OF THE BORROWER OR ITS SUBSIDIARIES;
(K)
WITH RESPECT TO REAL PROPERTY, EASEMENTS, RIGHTS OF WAY,
RESERVATIONS AND OTHER MINOR DEFECTS OR IRREGULARITIES IN TITLE WHICH DO NOT
MATERIALLY IMPAIR THE USE THEREOF FOR THE PURPOSES FOR WHICH IT IS HELD BY THE
BORROWER OR ITS SUBSIDIARIES;
(L)
LIENS SECURING ANY FUTURE INTEREST OR DIVIDENDS PAYABLE IN
RESPECT OF ANY DEBT PERMITTED TO BE ISSUED UNDER SECTION 5.07 FOR ONE SIX MONTH
PERIOD WITH RESPECT TO SUCH DEBT ON CASH OR TEMPORARY CASH INVESTMENTS WHICH
CONSTITUTED A PORTION OF THE CASH PROCEEDS TO THE BORROWER OR A SUBSIDIARY OF
THE BORROWER FROM THE ISSUANCE OF SUCH DEBT;
(M)
LIENS ON CASH AND TEMPORARY CASH INVESTMENTS SECURING DERIVATIVES
OBLIGATIONS OF THE SUBSIDIARIES;
(N)
LIENS ON CASH AND TEMPORARY CASH INVESTMENTS THAT SECURE
CONTINGENT OBLIGATIONS TO REIMBURSE ANY BANK OR OTHER PERSON FOR AMOUNTS PAID
UNDER GUARANTEES, SURETY OR PERFORMANCE BOND OR SIMILAR INSTRUMENT THAT SUPPORTS
OBLIGATIONS TO MAKE INVESTMENTS IN SUBSIDIARIES PERMITTED TO BE MADE UNDER
SECTION 5.16;
(O)
LIENS CONSTITUTING OR SECURING DEBT OF SUBSIDIARIES (OTHER THAN
SUBSIDIARY GUARANTORS) PERMITTED BY SECTION 5.07(B)(II), (VI), (VII) OR
(VIII) OR UTILITY OBLIGATIONS OR
AES Fourth Amended and Restated Credit Agreement
79
OTHER CUSTOMER, SUPPLIER OR CONTRACTOR OBLIGATIONS ASSOCIATED WITH AES
BUSINESSES THAT ARE LIMITED TO THE ASSETS AND REVENUES OF THE RELATED AES
BUSINESSES AND THE CAPITAL STOCK OR OTHER ASSETS (INCLUDING CONTRACT RIGHTS) OF
SUBSIDIARIES OF THE BORROWER HAVING A DIRECT OR INDIRECT INTEREST IN SUCH AES
BUSINESSES AND, IN THE CASE OF ANY CAMEROON BUSINESS, THE ASSETS AND REVENUES OF
ANY OTHER CAMEROON BUSINESS AND THE CAPITAL STOCK (OTHER THAN CAPITAL STOCK THAT
HAS BEEN PLEDGED TO THE SECURED HOLDERS PURSUANT TO THE COLLATERAL DOCUMENTS) OR
OTHER ASSETS (INCLUDING CONTRACT RIGHTS) OF SUBSIDIARIES OF THE BORROWER (OTHER
THAN SUBSIDIARY