INDEBTEDNESS;
(N)
LIENS IN FAVOR OF CUSTOMS AND REVENUE AUTHORITIES ARISING AS A
MATTER OF LAW TO SECURE PAYMENT OF CUSTOMS DUTIES IN CONNECTION WITH THE
IMPORTATION OF GOODS IN THE ORDINARY COURSE OF BUSINESS;
94
(O)
LIENS (I) OF A COLLECTION BANK ARISING UNDER SECTION 4-210 OF THE
UNIFORM COMMERCIAL CODE ON THE ITEMS IN THE COURSE OF COLLECTION, (II) ATTACHING
TO COMMODITY TRADING ACCOUNTS OR OTHER COMMODITIES BROKERAGE ACCOUNTS INCURRED
IN THE ORDINARY COURSE OF BUSINESS AND (III) IN FAVOR OF A BANKING OR OTHER
FINANCIAL INSTITUTION ARISING AS A MATTER OF LAW ENCUMBERING DEPOSITS OR OTHER
FUNDS MAINTAINED WITH A FINANCIAL INSTITUTION (INCLUDING THE RIGHT OF SET OFF)
AND WHICH ARE WITHIN THE GENERAL PARAMETERS CUSTOMARY IN THE BANKING INDUSTRY;
(P)
LIENS (I) ON CASH ADVANCES IN FAVOR OF THE SELLER OF ANY PROPERTY TO
BE ACQUIRED IN AN INVESTMENT PERMITTED PURSUANT TO SECTION 9.8 TO BE APPLIED
AGAINST THE PURCHASE PRICE FOR SUCH INVESTMENT, (II) CONSISTING OF AN AGREEMENT
TO DISPOSE OF ANY PROPERTY IN A DISPOSITION PERMITTED UNDER SECTION 9.5, IN EACH
CASE, SOLELY TO THE EXTENT SUCH INVESTMENT OR DISPOSITION, AS THE CASE MAY BE,
WOULD HAVE BEEN PERMITTED ON THE DATE OF THE CREATION OF SUCH LIEN, AND (III) ON
SECURITIES THAT ARE THE SUBJECT OF REPURCHASE AGREEMENTS CONSTITUTING PERMITTED
INVESTMENTS;
(Q)
(I) ANY INTEREST OR TITLE OF A LESSOR UNDER LEASES ENTERED INTO BY
HOLDINGS OR ANY OF ITS SUBSIDIARIES IN THE ORDINARY COURSE OF BUSINESS AND
(II) GROUND LEASES IN RESPECT OF REAL PROPERTY ON WHICH FACILITIES OWNED OR
LEASED BY THE LOAN PARTIES ARE LOCATED;
(R)
LIENS THAT ARE CONTRACTUAL RIGHTS OF SET-OFF (I) RELATING TO THE
ESTABLISHMENT OF DEPOSITORY RELATIONS WITH BANKS OR OTHER FINANCIAL INSTITUTIONS
NOT GIVEN IN CONNECTION WITH THE ISSUANCE OF INDEBTEDNESS, (II) RELATING TO
POOLED DEPOSIT OR SWEEP ACCOUNTS OF PARENT OR ANY OF ITS SUBSIDIARIES TO PERMIT
SATISFACTION OF OVERDRAFT OR SIMILAR OBLIGATIONS INCURRED IN THE ORDINARY COURSE
OF BUSINESS OF PARENT AND ITS SUBSIDIARIES OR (III) RELATING TO PURCHASE ORDERS
AND OTHER AGREEMENTS ENTERED INTO WITH CUSTOMERS OF PARENT OR ANY OF ITS
SUBSIDIARIES IN THE ORDINARY COURSE OF BUSINESS;
(S)
LIENS ARISING OUT OF CONDITIONAL SALE, TITLE RETENTION, CONSIGNMENT
OR SIMILAR ARRANGEMENTS FOR SALE OF GOODS ENTERED INTO BY THE BORROWER OR ANY OF
THE SUBSIDIARIES IN THE ORDINARY COURSE OF BUSINESS;
(T)
LIENS SOLELY ON ANY CASH EARNEST MONEY DEPOSITS MADE BY HOLDINGS
OR ANY OF THE SUBSIDIARIES IN CONNECTION WITH ANY LETTER OF INTENT OR PURCHASE
AGREEMENT PERMITTED HEREUNDER;
(U)
LIENS ARISING FROM PRECAUTIONARY UNIFORM COMMERCIAL CODE FINANCING
STATEMENT FILINGS;
(V)
OTHER LIENS SECURING INDEBTEDNESS OR OTHER OBLIGATIONS IN AN
AGGREGATE PRINCIPAL AMOUNT AT ANY TIME OUTSTANDING NOT TO EXCEED $10,000,000;
(W)
LIENS SECURING INDEBTEDNESS TO THE EXTENT SUCH INDEBTEDNESS IS
PERMITTED UNDER SECTIONS 9.3(L) AND (Q);
(X)
PLEDGES AND DEPOSITS IN THE ORDINARY COURSE OF BUSINESS SECURING
DEDUCTIBLES, SELF-INSURANCE, CO-PAYMENTS (OR INSURANCE OF SIMILAR OBLIGATIONS)
OR LIABILITIES FOR REIMBURSEMENT OBLIGATIONS OF (INCLUDING IN RESPECT OF LETTERS
OF CREDIT