THE CASE OF ANY SUCH SALE THE RESPECTIVE NON-QUALIFIED UNITS
ARE CONTEMPORANEOUSLY SOLD TO A THIRD PARTY AS PROVIDED IN SECTION 8.1(D);
(H)
THE SALE OR RETURN OF AUTOMOBILES AND TRUCKS WHICH THE BORROWER
AND ITS SUBSIDIARIES CUSTOMARILY REPLACE PERIODICALLY WITH SUBSTITUTE
AUTOMOBILES AND TRUCKS IN THE ORDINARY COURSE OF BUSINESS;
(I)
THE BORROWER OR ANY SUBSIDIARY MAY, IN THE ORDINARY COURSE OF
BUSINESS, ENTER INTO LICENSING AGREEMENTS WITH PERSONS FOR THE USE OF
INTELLECTUAL PROPERTY OR OTHER INTANGIBLE ASSETS, AND SETTLEMENTS, PERMISSIONS,
CONSENTS TO USE, AND SIMILAR ARRANGEMENTS CONCERNING INTELLECTUAL PROPERTY OR
OTHER INTANGIBLE ASSETS, PROVIDED THAT IN THE CASE OF ANY SUCH AGREEMENTS,
SETTLEMENTS, PERMISSIONS, CONSENTS AND SIMILAR ARRANGEMENTS TO WHICH ANY CREDIT
PARTY IS A PARTY, SUCH CREDIT PARTY USES REASONABLE COMMERCIAL EFFORTS TO
PROCURE THAT EACH SUCH LICENSE OR OTHER AGREEMENTS IS PERMITTED TO BE ASSIGNED
PURSUANT TO THE RESPECTIVE SECURITY AGREEMENT TO WHICH SUCH CREDIT PARTY IS A
PARTY AND DOES NOT OTHERWISE PROHIBIT THE GRANTING OF LIEN THEREIN BY THE
RESPECTIVE CREDIT PARTY PURSUANT TO SUCH SECURITY AGREEMENT; PROVIDED, FURTHER,
THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS SECTION 8.1, THE
BORROWER SHALL BE PERMITTED TO LICENSE TRADE NAMES AND RELATED INTELLECTUAL
PROPERTY PURSUANT TO THE TRADE NAME LICENSE AGREEMENT;
(J)
THE ABANDONMENT OR OTHER DISPOSITION OF INTELLECTUAL PROPERTY AND
OTHER PROPERTY THAT IS, IN THE REASONABLE JUDGMENT OF THE PERSON OWNING SUCH
INTELLECTUAL PROPERTY AND OTHER PROPERTY, NO LONGER ECONOMICALLY PRACTICABLE TO
MAINTAIN OR USEFUL IN THE CONDUCT OF THE BUSINESS OF SUCH PERSON;
(K)
THE SALE OF (I) APPROXIMATELY 7 ACRES LOCATED AT JACKSON ROAD EAST
OF ROUTE 73, BERLIN, NEW JERSEY, (II) APPROXIMATELY 2 ACRES LOCATED AT 4015
HAWKINS NE, ALBUQUERQUE, NEW MEXICO, AND (III) APPROXIMATELY 6.5 ACRES LOCATED
AT 1625 WESTERN DRIVE, WEST CHICAGO, ILLINOIS;
(L)
IN CONNECTION WITH THE SALE OF ANY RENTAL EQUIPMENT TO A THIRD
PARTY AS PERMITTED BY CLAUSE (D) ABOVE, THE SALE OF LEASES AND CONDITIONAL SALES
CONTRACTS RELATING TO SUCH RENTAL EQUIPMENT, IN EACH CASE, IN THE ORDINARY
COURSE OF BUSINESS FOR FAIR MARKET VALUE TO THIRD PARTIES; PROVIDED THAT IN NO
EVENT IS ANY SUCH SALE WITH ANY RECOURSE TO THE SELLER OF SUCH LEASES AND/OR
CONDITIONAL SALES CONTRACTS EXCEPT FOR (I) USUAL AND CUSTOMARY WARRANTIES IN
CONNECTION WITH THE SALE OF THE RESPECTIVE RENTAL EQUIPMENT OR (II) GUARANTIES
OF THE RESIDUAL VALUE OF SUCH
118
LEASES SO LONG AS THE AMOUNT OF GUARANTEES OF THE TYPE DESCRIBED ABOVE IN THIS
CLAUSE (II) (CALCULATED TAKING THE MAXIMUM POTENTIAL LIABILITY THEREUNDER) AT NO
TIME OUTSTANDING EXCEEDS $5,000,000 IN THE AGGREGATE;
(M)
ANY PERMITTED ACQUISITIONS (SO LONG AS THE APPLICABLE REQUIREMENTS
SET FORTH IN THE DEFINITION OF "PERMITTED ACQUISITIONS" AND IN SECTION 7.17 ARE
SATISFIED);
(N)
SALES OR OTHER DISPOSITIONS OF ASSETS TO THIRD PARTIES (NOT
HOLDINGS OR ANY SUBSIDIARY THEREOF), IN ADDITION TO THE SALES OR DISPOSITIONS
PERMITTED BY THE FOREGOING CLAUSES (A) THROUGH (N), FOR FAIR MARKET VALUE NOT TO
EXCEED $5,000,000 IN A FISCAL YEAR OF THE BORROWER OR $25,000,000