OR TITLE OF A LICENSOR, LESSOR OR
SUBLESSOR UNDER ANY LICENSE OR LEASE AGREEMENT PURSUANT TO WHICH RIGHTS ARE
GRANTED TO SUCH PERSONS;
10.1.15
PUBLIC UTILITIES.
DEPOSITS OR PLEDGES IN FAVOR OF PUBLIC OR
PRIVATE UTILITY COMPANIES ARISING IN THE ORDINARY COURSE OF BUSINESS AND NOT OUT
OF ANY EXTRAORDINARY TRANSACTION;
10.1.16
DEBT LIENS.
LIENS ON THE PROPERTY OF ANY BORROWER, GUARANTOR OR
PLEDGED ENTITY SECURING SECURED INDEBTEDNESS PERMITTED PURSUANT TO CLAUSES (F),
(J), (K), (L), (M), (Q) OR (R) OF SECTION 10.3, SOLELY IF AND TO THE EXTENT THAT
INDEBTEDNESS SO SECURED IS PERMITTED INDEBTEDNESS WITH RESPECT TO THE BORROWER,
GUARANTOR OR PLEDGED ENTITY GRANTING SUCH LIEN; AND
10.1.17
BOND TRANSACTION AND FUTURE BOND TRANSACTIONS.
(I) LIENS OF
FREDDIE MAC IN CONNECTION WITH THE BOND TRANSACTION AND (II) LIENS OF FREDDIE
MAC OR ANY OTHER CREDIT ENHANCER APPROVED BY THE REQUIRED LENDERS IN CONNECTION
WITH ANY FUTURE BOND TRANSACTION.
71
10.2
DOUBLE NEGATIVE PLEDGE.
10.2.1
NEGATIVE PLEDGE.
CCG SHALL NOT GRANT, CREATE, OR SUFFER TO BE
GRANTED OR CREATED, ANY LIEN ON THE CAPITAL STOCK DIRECTLY OR INDIRECTLY HELD BY
IT OF CFIN HOLDINGS, CMC OR CMP
10.2.2
DOUBLE NEGATIVE PLEDGE.
OTHER THAN PURSUANT TO THE TERMS OF THIS
CREDIT AGREEMENT, IN NO EVENT SHALL CCG AGREE WITH, OR BECOME OBLIGATED TO, ANY
OTHER PERSON TO REFRAIN FROM GRANTING OR CREATING A LIEN ON THE CAPITAL STOCK OF
CFIN HOLDINGS, CMC OR CMP
10.3
INDEBTEDNESS.
THE BORROWERS AND GUARANTORS SHALL NOT INCUR, ASSUME OR
BECOME OBLIGATED WITH RESPECT TO, OR PERMIT OR SUFFER ANY PLEDGED ENTITY
INCURRING, ASSUMING OR BECOMING OBLIGATED WITH RESPECT TO, DIRECTLY OR
INDIRECTLY, ANY INDEBTEDNESS (ON A CONSOLIDATED AND INDIVIDUAL BASIS) EXCEPT THE
FOLLOWING (COLLECTIVELY, "PERMITTED INDEBTEDNESS"):
10.3.1
TYPES OF PERMITTED INDEBTEDNESS AND PERSONS TO WHOM THEY APPLY:
SET
FORTH BELOW IS A LIST OF EACH TYPE OF PERMITTED INDEBTEDNESS WITH A LISTING
REGARDING WHICH ENTITIES MAY INCUR, WITHOUT DUPLICATION, THE PARTICULAR TYPE OF
PERMITTED INDEBTEDNESS:
(A)
INDEBTEDNESS FOR BORROWED MONEY EXISTING ON THE DATE OF THIS
CREDIT AGREEMENT, LISTED AND DESCRIBED, BUT ONLY TO THE EXTENT SO LISTED AND
DESCRIBED AND ONLY WITH RESPECT TO THE PERSON DISCLOSED TO BE LIABLE WITH
RESPECT TO EACH SPECIFIC INDEBTEDNESS, ON SCHEDULE 10.3.1 AND ANY REPLACEMENTS,
RENEWALS OR EXTENSIONS THEREOF; PROVIDED, HOWEVER, THAT ANY SUCH REPLACEMENTS,
RENEWALS OR EXTENSIONS SHALL BE OBLIGATIONS OF THE SAME BORROWER, GUARANTOR OR
PLEDGED ENTITY, AS THE CASE MAY BE, ON SUBSTANTIALLY SIMILAR TERMS AND
CONDITIONS (OTHER THAN TERMS RELATING TO PRICING) AND SHALL BE ENTERED INTO IN
THE ORDINARY COURSE OF BUSINESS CONSISTENT WITH PAST PRACTICES;
(B)
THE BORROWERS, THE GUARANTORS AND THE PLEDGED ENTITIES MAY INCUR
INDEBTEDNESS FOR TAXES TO THE EXTENT THAT PAYMENT THEREOF SHALL AT THE TIME NOT
BE REQUIRED TO BE MADE IN ACCORDANCE WITH SECTION 9.8;
(C)
EACH OF THE BORROWERS, THE GUARANTORS AND THE PLEDGED ENTITIES MAY
INCUR INDEBTEDNESS, TO THE EXTENT THAT SUCH PERSON HAS GENERALLY INCURRED SUCH
INDEBTEDNESS IN THE ORDINARY COURSE OF BUSINESS CONSISTENT WITH PAST PRACTICES,
ON OPEN ACCOUNT INCURRED