(B)
LIENS EXISTING ON THE DATE HEREOF AND LISTED ON
SCHEDULE 7.01 AND ANY RENEWALS OR EXTENSIONS THEREOF, PROVIDED THAT THE PROPERTY
COVERED THEREBY IS NOT INCREASED AND ANY RENEWAL OR EXTENSION OF THE OBLIGATIONS
SECURED OR BENEFITED THEREBY IS PERMITTED BY SECTION 7.03(B);
(C)
LIENS FOR TAXES NOT YET DUE OR WHICH ARE BEING
CONTESTED IN GOOD FAITH AND BY APPROPRIATE PROCEEDINGS DILIGENTLY CONDUCTED, IF
ADEQUATE RESERVES WITH RESPECT THERETO ARE MAINTAINED ON THE BOOKS OF THE
APPLICABLE PERSON IN ACCORDANCE WITH GAAP;
(D)
CARRIERS', WAREHOUSEMEN'S, MECHANICS',
MATERIALMEN'S, REPAIRMEN'S OR OTHER LIKE LIENS ARISING IN THE ORDINARY COURSE OF
BUSINESS WHICH ARE NOT OVERDUE FOR A PERIOD OF MORE THAN 30 DAYS OR WHICH ARE
BEING CONTESTED IN GOOD FAITH AND BY APPROPRIATE PROCEEDINGS DILIGENTLY
CONDUCTED, IF ADEQUATE RESERVES WITH RESPECT THERETO ARE MAINTAINED ON THE BOOKS
OF THE APPLICABLE PERSON;
(E)
PLEDGES OR DEPOSITS IN THE ORDINARY COURSE OF
BUSINESS IN CONNECTION WITH WORKERS' COMPENSATION, UNEMPLOYMENT INSURANCE AND
OTHER SOCIAL SECURITY LEGISLATION, OTHER THAN ANY LIEN IMPOSED BY ERISA;
58
(F)
DEPOSITS TO SECURE THE PERFORMANCE OF BIDS, TRADE
CONTRACTS AND LEASES (OTHER THAN INDEBTEDNESS), STATUTORY OBLIGATIONS, SURETY
BONDS (OTHER THAN BONDS RELATED TO JUDGMENTS OR LITIGATION), PERFORMANCE BONDS
AND OTHER OBLIGATIONS OF A LIKE NATURE INCURRED IN THE ORDINARY COURSE OF
BUSINESS;
(G)
EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS AND OTHER
SIMILAR ENCUMBRANCES AFFECTING REAL PROPERTY WHICH DO NOT IN ANY CASE MATERIALLY
DETRACT FROM THE VALUE OF THE PROPERTY SUBJECT THERETO OR MATERIALLY INTERFERE
WITH THE ORDINARY CONDUCT OF THE BUSINESS OF THE APPLICABLE PERSON;
(H)
LIENS SECURING JUDGMENTS FOR THE PAYMENT OF MONEY
NOT CONSTITUTING AN EVENT OF DEFAULT UNDER SECTION 8.01(H) OR SECURING APPEAL OR
OTHER SURETY BONDS RELATED TO SUCH JUDGMENTS;
(I)
LIENS ARISING SOLELY BY VIRTUE OF ANY CONTRACTUAL
OR STATUTORY OR COMMON LAW PROVISIONS RELATING TO BANKER'S LIENS, RIGHTS TO
SET-OFF OR SIMILAR RIGHTS AND REMEDIES AS TO DEPOSIT ACCOUNTS OR OTHER FUNDS
MAINTAINED WITH A CREDITOR DEPOSITORY INSTITUTION PROVIDED THAT (I) SUCH DEPOSIT
ACCOUNT IS NOT A DEDICATED CASH COLLATERAL ACCOUNT AND IS NOT SUBJECT TO
RESTRICTIONS AGAINST ACCESS BY THE LOAN PARTY OR ANY SUBSIDIARY IN EXCESS OF
THOSE SET FORTH BY REGULATIONS PROMULGATED BY THE BOARD OF GOVERNORS OF THE
FEDERAL RESERVE SYSTEM AND (II) SUCH DEPOSIT ACCOUNT IS NOT INTENDED BY THE LOAN
PARTY OR SUCH SUBSIDIARY TO PROVIDE COLLATERAL TO THE DEPOSITARY INSTITUTION;
(J)
LIENS EXISTING ON ANY ASSETS ACQUIRED PURSUANT TO
ANY PERMITTED ACQUISITION UNDER SECTION 7.02(G) WHICH (I) WERE NOT CREATED IN
CONTEMPLATION OF OR IN CONNECTION WITH SUCH PERMITTED ACQUISITION AND (II) DO
NOT EXTEND TO OR COVER ANY OTHER PROPERTY OR ASSETS OF BORROWER OR ANY
SUBSIDIARY (OTHER THAN PROPERTY OR ASSETS SUBJECT TO AN EXISTING PERMITTED LIEN
IN FAVOR OF THE SAME LIEN HOLDER WHICH WILL HOLD THE NEW LIEN PERMITTED UNDER
THIS SECTION 7.01(J)), IN EACH CASE, SO LONG AS ANY INDEBTEDNESS RELATED TO ANY
SUCH LIENS ARE PERMITTED UNDER SECTION 7.03(B); AND
(K)
LIENS SECURING INDEBTEDNESS PERMITTED BY SECTION
7.03(B).
7.02