1.00
March 1, 2009 through May 30, 2009
1.05 to 1.00
May 31, 2009 through August 29, 2009
1.05 to 1.00
August 30, 2009 through November 28, 2009
1.05 to 1.00
November 29, 2009 through February 27, 2010
1.15 to 1.00
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February 28, 2010 through May 29, 2010
1.15 to 1.00
May 30, 2010 through August 28, 2010
1.15 to 1.00
August 29, 2010 through November 27, 2010
1.15 to 1.00
November 28, 2010 through February 26, 2011
1.15 to 1.00
February 27, 2011 through May 28, 2011
1.15 to 1.00
May 29, 2011 through the Tranche 2/Tranche 3 Term Maturity Date
1.25 to 1.00
SECTION 6.13.
RESTRICTIONS ON ASSET HOLDINGS BY THE BORROWER.
THE BORROWER
WILL NOT AT ANY TIME:
(I) MAKE OR HOLD ANY INVESTMENTS OTHER THAN INVESTMENTS IN THE EQUITY INTERESTS
OF THE SUBSIDIARIES (INCLUDING ANY DISTRIBUTIONS OR OTHER ASSETS RECEIVED IN
RESPECT THERETO), INTERCOMPANY ADVANCES TO SUBSIDIARIES AND INVESTMENTS
PERMITTED BY CLAUSE (III) BELOW;
(II) ACQUIRE OR HOLD ANY STORES, OTHER CAPITAL ASSETS, INVENTORY OR ACCOUNTS
RECEIVABLE, OTHER THAN ANY REAL ESTATE WHICH THE BORROWER HOLDS ONLY AS LESSOR
AND WHICH IS LEASED AND OPERATED BY ANOTHER PERSON; OR
(III) ACQUIRE OR HOLD CASH, CASH EQUIVALENTS, PERMITTED INVESTMENTS OR BALANCES
IN BANK ACCOUNTS, OTHER THAN SUCH AMOUNTS AS ARE REASONABLY ANTICIPATED (AT THE
TIME SO ACQUIRED OR HELD) TO BE UTILIZED WITHIN FIVE BUSINESS DAYS TO PAY COSTS,
EXPENSES AND OTHER OBLIGATIONS OF THE BORROWER REFERRED TO IN SECTION 5.10(B).
SECTION 6.14.
CORPORATE SEPARATENESS.
THE BORROWER WILL, AND WILL CAUSE EACH
SUBSIDIARY TO, TAKE ALL NECESSARY STEPS TO MAINTAIN ITS IDENTITY AS A SEPARATE
LEGAL ENTITY FROM OTHER PERSONS AND TO MAKE IT MANIFEST TO THIRD PARTIES THAT IT
IS AN ENTITY WITH ASSETS AND LIABILITIES DISTINCT FROM THOSE OF EACH OF OTHER
PERSON.
ARTICLE VII
EVENTS OF DEFAULT
If any of the following events ("Events of Default") shall occur:
(A)
THE BORROWER SHALL FAIL TO PAY ANY PRINCIPAL OF ANY LOAN OR ANY
REIMBURSEMENT OBLIGATION IN RESPECT OF ANY LC DISBURSEMENT WHEN AND AS THE SAME
SHALL BECOME DUE AND PAYABLE, WHETHER AT THE DUE DATE THEREOF OR AT A DATE FIXED
FOR PREPAYMENT THEREOF OR OTHERWISE;
(B)
THE BORROWER SHALL FAIL TO PAY ANY INTEREST ON ANY LOAN OR ANY FEE OR ANY
OTHER AMOUNT (OTHER THAN AN AMOUNT REFERRED TO IN CLAUSE (A) OF THIS ARTICLE)
PAYABLE UNDER THIS AGREEMENT OR ANY OTHER SENIOR LOAN DOCUMENT, WHEN AND AS
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THE SAME SHALL BECOME DUE AND PAYABLE, AND SUCH FAILURE SHALL CONTINUE
UNREMEDIED FOR A PERIOD OF FIVE DAYS;
(C)
ANY REPRESENTATION OR WARRANTY MADE OR DEEMED MADE BY OR ON BEHALF OF THE
BORROWER OR ANY SUBSIDIARY IN OR IN CONNECTION WITH ANY SENIOR LOAN DOCUMENT OR
ANY AMENDMENT OR MODIFICATION THEREOF OR WAIVER THEREUNDER, OR IN ANY REPORT,
CERTIFICATE, FINANCIAL STATEMENT OR OTHER DOCUMENT FURNISHED PURSUANT TO OR IN
CONNECTION WITH ANY SENIOR LOAN DOCUMENT OR ANY AMENDMENT OR MODIFICATION
THEREOF OR WAIVER THEREUNDER, SHALL PROVE TO HAVE