EXCEPT IN CONNECTION WITH ANY DOCUMENT OR INSTRUMENT
GOVERNING LIENS PERMITTED PURSUANT TO SUBSECTIONS 5.1(H) AND (I); PROVIDED, THAT
ANY SUCH RESTRICTION CONTAINED THEREIN RELATES ONLY TO THE ASSET OR ASSETS
SUBJECT TO SUCH PERMITTED LIENS.
(B)
THE BORROWER SHALL NOT ISSUE ANY SHARES OF
THE BORROWER'S EQUITY SECURITIES, INCLUDING, WITHOUT LIMITATION, PERMITTED
SECURITIES, IF SUCH ISSUANCE WOULD RESULT IN AN EVENT OF DEFAULT UNDER
SUBSECTION 7.1(L).
5.17
FOREIGN ASSETS CONTROL REGULATIONS.
BORROWER
WILL NOT, AND WILL NOT PERMIT ANY OF ITS SUBSIDIARIES TO, (I) USE ANY PROCEEDS
FROM THE LOANS TO KNOWINGLY ENGAGE IN ANY MATERIAL DEALINGS OR TRANSACTIONS WITH
ANY BLOCKED PERSONS DESCRIBED IN SECTION 1 OF EXECUTIVE ORDER 13224 OF THE
SEPTEMBER 23, 2001 BLOCKING PROPERTY AND PROHIBITING TRANSACTION WITH PERSONS
WHO COMMIT AND THREATEN TO COMMIT, OR SUPPORT TERRORISM (66 FED. REG. 49049
(2001)), OR (II) ENGAGE IN TRANSACTIONS WITH ANY PERSON OR COUNTRY TO THE EXTENT
RESTRICTED BY THE TRADING WITH THE ENEMY ACT, AS AMENDED, OR USE THE PROCEEDS
FROM THE LOANS TO SO ENGAGE.
5.18
INTEGRATION.
NOTWITHSTANDING ANYTHING IN THIS
ARTICLE V TO THE CONTRARY, NO ACTION OTHERWISE PERMITTED UNDER THIS ARTICLE V
SHALL BE PERMITTED IF SUCH ACTION IS PROHIBITED OR IS
48
OTHERWISE NOT PERMITTED UNDER ANY OF THE HIGH YIELD UNSECURED DOCUMENTS AND THE
AGENT SHALL HAVE THE RIGHT, AT ANY TIME, TO REQUIRE THE BORROWER TO DELIVER A
CERTIFICATE EXECUTED BY A RESPONSIBLE OFFICER OF BORROWER AND OTHERWISE IN FORM
AND SUBSTANCE REASONABLY SATISFACTORY TO AGENT WHICH CERTIFIES TO AGENT AND
LENDERS THAT ANY SUCH ACTION, AT THE TIME SUCH ACTION IS TO BE TAKEN, IS
PERMITTED UNDER THE HIGH YIELD UNSECURED DOCUMENTS.
FURTHERMORE, ALL COVENANTS
CONTAINED IN EACH OF THE HIGH YIELD UNSECURED DOCUMENTS HEREBY ARE INCORPORATED
HEREIN, MUTATIS MUTANDIS, AS IF SUCH COVENANTS WERE SET FORTH IN THIS AGREEMENT,
AND SHALL BE DEEMED IN ADDITION TO, AND NOT IN SUBSTITUTION OF, THE COVENANTS
CONTAINED IN THE LOAN DOCUMENTS.
5.19
CERTAIN LEASED LOCATIONS.
THE BORROWER SHALL NOT
PERMIT INVENTORY, MACHINERY AND EQUIPMENT HAVING A VALUE IN EXCESS OF $750,000,
IN THE AGGREGATE, AT ANY TIME TO BE LOCATED AT THE BORROWER'S WAREHOUSING
FACILITIES MAINTAINED AT (A) 2815 CLEARWATER ROAD, ST. CLOUD, MINNESOTA 56301 OR
(B) 14500 PARALLEL, SUITE T, BASEHOR, KANSAS 66007, UNLESS THE BORROWER SHALL
HAVE DELIVERED A BAILEE WAIVER OR WAREHOUSING AGREEMENT, AS THE CASE MAY BE,
DULY EXECUTED BY THE BAILOR OR WAREHOUSER, AS THE CASE MAY BE, OF EACH SUCH
LOCATION, IN EACH CASE, IN FORM AND SUBSTANCE REASONABLY SATISFACTORY TO THE
AGENT.
ARTICLE VI - FINANCIAL COVENANTS
The Borrower covenants and agrees that, so long as any Lender shall have any
Commitment hereunder, or any Loan or other Obligation (other than contingent
indemnification Obligations to the extent no claim giving rise thereto has been
asserted) shall remain unpaid or unsatisfied, unless the Required Lenders waive
compliance in writing:
6.1
RESERVED.
6.2
LEVERAGE RATIO.
THE BORROWER SHALL NOT
PERMIT ITS LEVERAGE RATIO FOR THE TWELVE (12) MONTH PERIOD ENDING ON THE LAST
DAY