DELIVERY OF ANY SUCH FINANCIAL
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STATEMENTS, AS OF THE END OF THE FISCAL QUARTER OF THE BORROWER ENDED MARCH 31,
2008).
Notwithstanding the foregoing, no such sale or transfer of any Equity Interests
in any Subsidiary shall be permitted unless (i) such Equity Interests constitute
all the Equity Interests in such Subsidiary held by the Borrower and the
Subsidiaries and (ii) immediately after giving effect to such transaction, the
Borrower and the Subsidiaries shall otherwise be in compliance with
Section 6.04.
SECTION 6.06.
SALE/LEASEBACK TRANSACTIONS.
NONE OF THE BORROWER OR ANY
SUBSIDIARY WILL ENTER INTO ANY SALE/LEASEBACK TRANSACTION UNLESS (A) THE SALE OR
TRANSFER OF THE PROPERTY THEREUNDER IS PERMITTED BY SECTION 6.05, (B) ANY
CAPITAL LEASE OBLIGATIONS AND SYNTHETIC LEASE OBLIGATIONS ARISING IN CONNECTION
THEREWITH ARE PERMITTED BY SECTION 6.01 AND (C) ANY LIENS ARISING IN CONNECTION
THEREWITH (INCLUDING LIENS DEEMED TO ARISE IN CONNECTION WITH ANY SUCH CAPITAL
LEASE OBLIGATIONS AND SYNTHETIC LEASE OBLIGATIONS) ARE PERMITTED BY
SECTION 6.02.
SECTION 6.07.
HEDGING AGREEMENTS.
NONE OF THE BORROWER OR ANY SUBSIDIARY WILL
ENTER INTO ANY HEDGING AGREEMENT, EXCEPT (A) HEDGING AGREEMENTS ENTERED INTO TO
HEDGE OR MITIGATE RISKS TO WHICH THE BORROWER OR ANY SUBSIDIARY HAS ACTUAL
EXPOSURE (OTHER THAN IN RESPECT OF EQUITY INTERESTS OR INDEBTEDNESS OF THE
BORROWER OR ANY SUBSIDIARY) AND (B) HEDGING AGREEMENTS ENTERED INTO IN ORDER TO
EFFECTIVELY CAP, COLLAR OR EXCHANGE INTEREST RATES (FROM FIXED TO FLOATING
RATES, FROM ONE FLOATING RATE TO ANOTHER FLOATING RATE OR OTHERWISE) WITH
RESPECT TO ANY INTEREST-BEARING LIABILITY OR INVESTMENT OF THE BORROWER OR ANY
SUBSIDIARY.
SECTION 6.08.
RESTRICTED PAYMENTS; CERTAIN PAYMENTS OF INDEBTEDNESS.
(A)
NONE
OF THE BORROWER OR ANY SUBSIDIARY WILL DECLARE OR MAKE, OR AGREE TO PAY OR MAKE,
DIRECTLY OR INDIRECTLY, ANY RESTRICTED PAYMENT, OR INCUR ANY OBLIGATION
(CONTINGENT OR OTHERWISE) TO DO SO, EXCEPT THAT (I) THE BORROWER MAY DECLARE AND
PAY DIVIDENDS OR MAKE OTHER RESTRICTED PAYMENTS WITH RESPECT TO ITS EQUITY
INTERESTS PAYABLE SOLELY IN ADDITIONAL EQUITY INTERESTS OF THE BORROWER
PERMITTED HEREUNDER, (II) THE BORROWER MAY REPURCHASE EQUITY INTERESTS UPON THE
EXERCISE OF STOCK OPTIONS IF SUCH EQUITY INTERESTS REPRESENT A PORTION OF THE
EXERCISE PRICE OF SUCH OPTIONS, (III) THE BORROWER MAY MAKE CASH PAYMENTS IN
LIEU OF THE ISSUANCE OF FRACTIONAL SHARES IN CONNECTION WITH THE EXERCISE OF
WARRANTS, OPTIONS OR OTHER SECURITIES CONVERTIBLE INTO OR EXCHANGEABLE FOR
EQUITY INTERESTS IN THE BORROWER, (IV) THE BORROWER MAY MAKE RESTRICTED PAYMENTS
PURSUANT TO AND IN ACCORDANCE WITH STOCK OPTION PLANS OR OTHER BENEFIT PLANS OR
AGREEMENTS FOR DIRECTORS, OFFICERS OR EMPLOYEES OF THE BORROWER AND THE
SUBSIDIARIES, AND (V) THE BORROWER MAY MAKE ADDITIONAL RESTRICTED PAYMENTS SO
LONG AS AT THE TIME OF AND AFTER GIVING EFFECT THERETO AND TO ANY RELATED
INCURRENCES OF INDEBTEDNESS, (A) NO DEFAULT SHALL HAVE OCCURRED AND BE
CONTINUING, (B) THE BORROWER'S LEVERAGE RATIO SHALL NOT EXCEED 3.50 TO 1.00 AND
(C) THE BORROWER'S SENIOR LEVERAGE RATIO SHALL NOT EXCEED 1.75 TO 1.00.
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(B)
NONE OF THE BORROWER OR