ANY
TIME OUTSTANDING;
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(VII) INDEBTEDNESS OF ANY PERSON THAT BECOMES A SUBSIDIARY (OR ANY PERSON NOT
PREVIOUSLY A SUBSIDIARY THAT IS MERGED OR CONSOLIDATED WITH OR INTO A SUBSIDIARY
IN A TRANSACTION PERMITTED HEREUNDER) AFTER THE DATE HEREOF, OR INDEBTEDNESS OF
ANY PERSON THAT IS ASSUMED BY ANY SUBSIDIARY IN CONNECTION WITH ANY ACQUISITION
OF ASSETS IN A PERMITTED ACQUISITION, AND REFINANCING INDEBTEDNESS IN RESPECT
THEREOF; PROVIDED THAT (A) SUCH INDEBTEDNESS EXISTS AT THE TIME SUCH PERSON
BECOMES A SUBSIDIARY (OR IS SO MERGED OR CONSOLIDATED) OR SUCH ASSETS ARE
ACQUIRED, AS THE CASE MAY BE, AND IS NOT CREATED IN CONTEMPLATION OF OR IN
CONNECTION WITH SUCH PERSON BECOMING A SUBSIDIARY (OR SUCH MERGER OR
CONSOLIDATION) OR SUCH ASSETS BEING ACQUIRED, (B) THE AGGREGATE PRINCIPAL AMOUNT
OF INDEBTEDNESS PERMITTED BY THIS CLAUSE (VII) SHALL NOT EXCEED US$10,000,000 AT
ANY TIME OUTSTANDING AND (C) NEITHER SYMMETRY NOR ANY SUBSIDIARY OTHER THAN SUCH
PERSON SHALL GUARANTEE OR OTHERWISE BECOME LIABLE FOR THE PAYMENT OF SUCH
INDEBTEDNESS;
(VIII) INDEBTEDNESS UNDER HEDGING AGREEMENTS THAT ARE PERMITTED UNDER
SECTION 6.07;
(IX) INDEBTEDNESS OWED IN RESPECT OF ANY OVERDRAFTS AND RELATED LIABILITIES
ARISING IN THE ORDINARY COURSE OF BUSINESS FROM TREASURY, DEPOSITORY AND CASH
MANAGEMENT SERVICES OR FROM ANY AUTOMATED CLEARING-HOUSE TRANSFERS OF FUNDS;
(X) INDEBTEDNESS (INCLUDING OBLIGATIONS IN RESPECT OF LETTERS OF CREDIT) OWED TO
PROVIDERS OF WORKERS' COMPENSATION, HEALTH, DISABILITY, RETIREMENT OR OTHER
EMPLOYEE BENEFITS OR CASUALTY OR LIABILITY INSURANCE PURSUANT TO REIMBURSEMENT
OR INDEMNIFICATION OBLIGATIONS;
(XI)
INDEBTEDNESS OWED IN RESPECT OF PERFORMANCE BONDS, BID BONDS, SURETY
BONDS, APPEAL BONDS AND BANK GUARANTEES AND LETTERS OF CREDIT (OTHER THAN BANK
GUARANTEES AND LETTERS OF CREDIT SUPPORTING OTHER INDEBTEDNESS), IN EACH CASE
PROVIDED IN THE ORDINARY COURSE OF BUSINESS, INCLUDING THOSE SECURING HEALTH,
SAFETY AND ENVIRONMENTAL OBLIGATIONS IN THE ORDINARY COURSE OF BUSINESS;
(XII) UNSECURED INDEBTEDNESS OF FOREIGN SUBSIDIARIES (OTHER THAN CANADIAN
SUBSIDIARIES) INCURRED FOR WORKING CAPITAL PURPOSES IN AN AGGREGATE PRINCIPAL
AMOUNT NOT EXCEEDING US$5,000,000 AT ANY TIME OUTSTANDING; AND
(XIII) OTHER UNSECURED INDEBTEDNESS IN AN AGGREGATE PRINCIPAL AMOUNT NOT
EXCEEDING US$10,000,000 AT ANY TIME OUTSTANDING.
(B)
SYMMETRY AND THE BORROWERS WILL NOT, AND WILL NOT PERMIT ANY SUBSIDIARY TO,
ISSUE ANY PREFERRED STOCK OR OTHER PREFERRED EQUITY INTERESTS, PROVIDED THAT
SYMMETRY MAY ISSUE PREFERRED STOCK OR OTHER PREFERRED EQUITY INTERESTS THAT, IN
EACH CASE, DO NOT CONSTITUTE DISQUALIFIED EQUITY INTERESTS.
SECTION 6.02. LIENS. (A)
SYMMETRY AND THE BORROWERS WILL NOT, AND WILL NOT
PERMIT ANY SUBSIDIARY TO, CREATE, INCUR, ASSUME OR PERMIT TO EXIST ANY LIEN ON
ANY
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PROPERTY OR ASSET NOW OWNED OR HEREAFTER ACQUIRED BY IT, OR ASSIGN OR SELL ANY
INCOME OR REVENUES (INCLUDING ACCOUNTS RECEIVABLE) OR RIGHTS IN RESPECT OF ANY
THEREOF, EXCEPT:
(I) LIENS CREATED UNDER THE LOAN DOCUMENTS;
(II) LIENS SECURING INDEBTEDNESS PERMITTED UNDER CLAUSE (II) OF SECTION 6.01(A),
PROVIDED THAT NO LIEN ON ANY ASSET OTHER THAN ABL COLLATERAL SHALL SECURE ANY
SUCH INDEBTEDNESS UNLESS THE ADMINISTRATIVE AGENT, FOR THE BENEFIT OF THE
SECURED PARTIES, SHALL HAVE A SECOND PRIORITY SECURITY