ALL SUCH INDEBTEDNESS UNDER THIS CLAUSE (IX)
TOGETHER WITH ALL INDEBTEDNESS UNDER CLAUSE (XV) OF THIS SECTION 6.01 SHALL NOT
EXCEED $30,000,000 FOR ALL SUCH INDEBTEDNESS AT ANY ONE TIME OUTSTANDING AND THE
AGGREGATE PRINCIPAL AMOUNT OF ALL INDEBTEDNESS UNDER THIS CLAUSE (IX) SHALL NOT
EXCEED $20,000,000 AT ANY ONE TIME OUTSTANDING;
(X)
INDEBTEDNESS ARISING FROM THE HONORING BY A BANK OR OTHER
FINANCIAL INSTITUTION OF A CHECK, DRAFT OR SIMILAR INSTRUMENT DRAWN AGAINST
INSUFFICIENT FUNDS IN THE ORDINARY COURSE OF BUSINESS, PROVIDED THAT SUCH
INDEBTEDNESS IS EXTINGUISHED WITHIN FIVE BUSINESS DAYS OF ITS INCURRENCE;
(XI)
WITHOUT DUPLICATION, INDEBTEDNESS PERMITTED AS INVESTMENTS
PURSUANT TO SECTION 6.04;
(XII)
INDEBTEDNESS WITH RESPECT TO WORKMEN'S COMPENSATION CLAIMS,
SELF-INSURANCE, PERFORMANCE BONDS, SURETY BONDS, APPEAL BONDS OR OTHER SIMILAR
BONDS REQUIRED IN THE ORDINARY COURSE OF BUSINESS THAT DO NOT RESULT IN A
DEFAULT OR AN EVENT OF DEFAULT;
(XIII)
SENIOR UNSECURED INDEBTEDNESS OF THE BORROWER, WHICH MAY BE
GUARANTEED BY THE PARENT AND THE SUBSIDIARIES, IN AN AGGREGATE PRINCIPAL AMOUNT
OUTSTANDING AT ANY
80
TIME NOT TO EXCEED THE SUM OF (A) THE AMOUNT REQUIRED TO REFINANCE IN FULL THE
SENIOR UNSECURED NOTES THEN OUTSTANDING (INCLUDING OUTSTANDING PRINCIPAL,
ACCRUED INTEREST AND TENDER OR CALL PREMIUMS); PROVIDED THAT THE PROCEEDS OF
SUCH ISSUANCE ARE USED TO REPAY, REPURCHASE, REDEEM OR OTHERWISE SATISFY THE
SENIOR UNSECURED NOTES IN FULL WITHIN 35 DAYS FOLLOWING SUCH INCURRENCE, AND (B)
$50,000,000; PROVIDED FURTHER THAT (A) SUCH INDEBTEDNESS (AND ANY GUARANTEES
THEREOF) SHALL ON THE DATE OF ISSUANCE PROVIDE A CASH YIELD NOT TO EXCEED A
MARKET RATE OF INTEREST PER ANNUM, (B) SUCH INDEBTEDNESS SHALL BE UNSECURED
(OTHER THAN BY THE PROCEEDS THEREOF HELD IN ESCROW PENDING A PERMITTED
ACQUISITION), (C) NO SCHEDULED PAYMENTS OF PRINCIPAL, PREPAYMENTS, REDEMPTIONS
OR SINKING FUND OR LIKE PAYMENTS ON THE PRINCIPAL OF SUCH INDEBTEDNESS SHALL BE
REQUIRED PRIOR TO THE 180TH DAY FOLLOWING THE TERM MATURITY DATE (OTHER THAN ANY
REPAYMENT OF PROCEEDS THEREOF HELD IN ESCROW PENDING A PERMITTED ACQUISITION),
(D) THE TERMS AND CONDITIONS OF SUCH INDEBTEDNESS SHALL NOT BE MORE RESTRICTIVE
ON THE PARENT, THE BORROWER AND THE SUBSIDIARIES THAN THE TERMS AND CONDITIONS
CUSTOMARILY FOUND IN SENIOR OR SENIOR SUBORDINATED NOTES OF SIMILAR ISSUERS
ISSUED UNDER RULE 144A OF THE SECURITIES ACT OF 1933 OR IN A PUBLIC OFFERING, IN
EACH CASE AS REASONABLY DETERMINED BY THE ADMINISTRATIVE AGENT, (E) NO DIVIDEND
SUSPENSION PERIOD OR DEFAULT SHALL HAVE OCCURRED AND BE CONTINUING AT THE TIME
OF INCURRENCE OF SUCH INDEBTEDNESS OR WOULD RESULT THEREFROM GIVING PRO FORMA
EFFECT TO THE USE OF PROCEEDS OF SUCH INDEBTEDNESS (INCLUDING THE REFINANCING OF
THE SENIOR UNSECURED NOTES) AND (F) THE PROCEEDS OF SUCH INDEBTEDNESS ARE
APPLIED AS SET FORTH IN CLAUSE (A) AND WITH RESPECT TO SUCH INDEBTEDNESS
SPECIFIED IN CLAUSE (B), ARE APPLIED, WITHIN 60 DAYS OF THE INCURRENCE THEREOF,
(I) TO FINANCE ONE OR MORE PERMITTED ACQUISITIONS (INCLUDING AMOUNTS TO BE HELD
IN ESCROW PENDING A PERMITTED ACQUISITION OR TO REPAY SUCH INDEBTEDNESS IF THE
PROCEEDS THEREOF WERE HELD