ANY PLAN; (IV) TERMINATE, OR PERMIT ANY ERISA AFFILIATE TO
TERMINATE, ANY PLAN WHICH WOULD RESULT IN ANY LIABILITY OF THE BORROWER OR ANY
ERISA AFFILIATE, OR THE IMPOSITION OF ANY LIEN ON THEIR RESPECTIVE PROPERTY,
UNDER TITLE IV OF ERISA; (V) FAIL TO MAKE ANY CONTRIBUTION OR PAYMENT TO ANY
MULTIEMPLOYER PLAN WHICH THE BORROWER OR ANY ERISA AFFILIATE IS REQUIRED TO MAKE
UNDER ANY AGREEMENT RELATING TO SUCH MULTIEMPLOYER PLAN, OR ANY LAW PERTAINING
THERETO; (VI) FAIL, OR PERMIT ANY ERISA AFFILIATE TO FAIL, TO PAY ANY REQUIRED
INSTALLMENT OR ANY OTHER PAYMENT REQUIRED UNDER SECTION 412 OF THE IRC ON OR
BEFORE THE DUE DATE FOR SUCH INSTALLMENT OR OTHER PAYMENT; OR (VII) AMEND, OR
PERMIT ANY ERISA AFFILIATE TO AMEND, A PLAN RESULTING IN AN INCREASE IN CURRENT
LIABILITY FOR THE PLAN YEAR SUCH THAT THE BORROWER OR ANY ERISA AFFILIATE IS
REQUIRED TO PROVIDE SECURITY TO SUCH PLAN UNDER SECTION 401 (A)(29) OF THE IRC;
PROVIDED, HOWEVER, THAT NO ACT, OMISSION OR EVENT SPECIFIED IN CLAUSE (I)
THROUGH (VII) SHALL BE CONSIDERED A VIOLATION OF THIS SECTION 6.2(J) UNLESS SUCH
ACT, OMISSION OR EVENT COULD REASONABLY BE EXPECTED TO HAVE A MATERIAL ADVERSE
EFFECT.
(K)
SALES AND LEASEBACKS.
EXCEPT FOR TRANSACTIONS DESCRIBED IN CLAUSE
(B) OF THE DEFINITION OF PERMITTED DISPOSITION OR PERMITTED PURSUANT TO SECTION
6.2(I)(V), THE BORROWER SHALL NOT AND SHALL NOT PERMIT ANY OF ITS SUBSIDIARIES
TO, BECOME LIABLE, DIRECTLY OR BY WAY OF ANY GUARANTIES, WITH RESPECT TO ANY
LEASE OF ANY PROPERTY (WHETHER REAL OR PERSONAL OR MIXED) WHETHER NOW OWNED OR
HEREAFTER ACQUIRED, (I) WHICH ANY LOAN PARTY HAS SOLD OR TRANSFERRED OR IS TO
SELL OR TRANSFER TO ANY OTHER PERSON, OR (II) WHICH ANY LOAN PARTY INTENDS TO
USE FOR SUBSTANTIALLY THE SAME PURPOSES AS ANY OTHER PROPERTY WHICH HAS BEEN OR
IS TO BE SOLD OR TRANSFERRED BY THAT ENTITY TO ANY OTHER PERSON IN CONNECTION
WITH SUCH LEASE.
59
(L)
MARGIN REGULATION.
THE BORROWER SHALL NOT AND SHALL NOT PERMIT
ANY OTHER PERSON TO, USE ANY PORTION OF THE PROCEEDS OF ANY CREDIT EXTENDED
UNDER THIS AGREEMENT IN ANY MANNER WHICH MIGHT CAUSE THE EXTENSION OF CREDIT OR
THE APPLICATION OF SUCH PROCEEDS TO VIOLATE THE 1933 ACT OR THE 1934 ACT (EACH
AS AMENDED TO THE CLOSING DATE AND FROM TIME TO TIME THEREAFTER, AND ANY
SUCCESSOR STATUTE) OR TO VIOLATE REGULATION U, OR REGULATION X, OR ANY OTHER
REGULATION OF THE FEDERAL RESERVE BOARD, IN EACH CASE AS IN EFFECT ON THE DATE
OR DATES OF SUCH EXTENSION OF CREDIT AND SUCH USE OF PROCEEDS.
(M)
LEASE OBLIGATIONS.
THE BORROWER SHALL NOT AND SHALL NOT PERMIT ANY
OF ITS SUBSIDIARIES TO, ENTER INTO ANY OPERATING LEASE (WHICH IS NOT A
CAPITALIZED LEASE) WITH RESPECT TO ANY REAL OR PERSONAL PROPERTY (OR ANY
INTEREST THEREIN), EXCEPT (I) OPERATING LEASES WHICH, TOGETHER WITH ALL OTHER
SUCH ARRANGEMENTS (EXCLUDING THOSE DESCRIBED IN CLAUSES (II) AND (III) BELOW)
WHICH SHALL THEN BE IN EFFECT, WILL NOT