DUE OR ARE BEING CONTESTED
IN COMPLIANCE WITH SECTION 5.05;
(B) CARRIERS', WAREHOUSEMEN'S, MECHANICS', MATERIALMEN'S, PROCESSORS',
LANDLORDS', REPAIRMEN'S AND OTHER LIKE LIENS IMPOSED BY LAW, ARISING IN THE
ORDINARY COURSE OF BUSINESS AND SECURING OBLIGATIONS THAT ARE NOT OVERDUE BY
MORE THAN 60 DAYS OR ARE BEING CONTESTED IN COMPLIANCE WITH SECTION 5.05;
(C) PLEDGES AND DEPOSITS MADE IN THE ORDINARY COURSE OF BUSINESS IN COMPLIANCE
WITH WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE AND OTHER SOCIAL SECURITY
LAWS OR REGULATIONS;
(D) (I) LIENS INCURRED ON ASSETS OF ANY FOREIGN SUBSIDIARY THAT IS NOT A LOAN
PARTY TO SECURE THE OBLIGATIONS OF THE PARENT BORROWER OR ANY OF ITS
SUBSIDIARIES UNDER TRADE CONTRACTS IN THE ORDINARY COURSE OF BUSINESS; PROVIDED
THAT THE AGGREGATE AMOUNT OF SUCH OBLIGATIONS (OTHER THAN OBLIGATIONS
CONSTITUTING INDEBTEDNESS INCURRED PURSUANT TO CLAUSES (V), (VIII) OR (IX) OF
SECTION 6.01) THAT MAY BE SECURED PURSUANT TO THIS SUBCLAUSE (I) AND
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OUTSTANDING AT ANY TIME SHALL NOT EXCEED $35,000,000 MINUS THE AGGREGATE AMOUNT
OF INDEBTEDNESS THAT HAS BEEN INCURRED PURSUANT TO CLAUSES (V), (VIII) AND (IX)
OF SECTION 6.01 AND THAT IS OUTSTANDING AT SUCH TIME, OR (II) DEPOSITS MADE TO
SECURE THE PERFORMANCE OF BIDS, TRADE CONTRACTS, LEASES, STATUTORY OBLIGATIONS,
SURETY AND APPEAL BONDS, PERFORMANCE BONDS AND OTHER OBLIGATIONS OF A LIKE
NATURE, IN EACH CASE IN THE ORDINARY COURSE OF BUSINESS;
(E) JUDGMENT LIENS IN RESPECT OF JUDGMENTS THAT DO NOT CONSTITUTE AN EVENT OF
DEFAULT UNDER CLAUSE (K) OF ARTICLE VII;
(F) LIENS OF A COLLECTION BANK ARISING IN THE ORDINARY COURSE OF BUSINESS UNDER
§ 4-208 OF THE UNIFORM COMMERCIAL CODE IN EFFECT IN THE RELEVANT JURISDICTION;
(G) LIENS DISCLOSED ON TITLE POLICIES DELIVERED TO THE ADMINISTRATIVE AGENT
PRIOR TO THE EFFECTIVE DATE IN RESPECT OF ANY MORTGAGED PROPERTY AND EASEMENTS,
ZONING RESTRICTIONS, RIGHTS-OF-WAY AND SIMILAR RESTRICTIONS AND ENCUMBRANCES
(INCLUDING MINOR TITLE AND SURVEY DEFECTS) ON REAL PROPERTY IMPOSED BY LAW OR
ARISING IN THE ORDINARY COURSE OF BUSINESS THAT DO NOT SECURE ANY MONETARY
OBLIGATIONS AND DO NOT MATERIALLY DETRACT FROM THE VALUE OF THE AFFECTED
PROPERTY OR INTERFERE WITH THE ORDINARY CONDUCT OF BUSINESS OF THE PARENT
BORROWER OR ANY SUBSIDIARY; AND
(H) LIENS IN RESPECT OF REAL PROPERTY THAT BECOME MORTGAGED PROPERTY AFTER THE
EFFECTIVE DATE PURSUANT TO SECTION 5.13 TO THE EXTENT SUCH LIEN IS PERMITTED BY
THE APPLICABLE MORTGAGE AND REASONABLY ACCEPTABLE TO THE COLLATERAL AGENT;
provided that the term "Permitted Encumbrances" shall not include any Lien
securing Indebtedness.
"Permitted Investments" means: (i) a marketable obligation, maturing within two
years after issuance thereof, issued or guaranteed by the United States of
America or an instrumentality or agency thereof, (ii) a certificate of deposit
or banker's acceptance, maturing within one year after issuance thereof, issued
by any Lender, or a national or state bank or trust company or a European,
Canadian or Japanese bank in each case having capital, surplus and undivided
profits of at least $100,000,000 and whose long-term unsecured debt has a rating
of "A" or better by S&P