FOR BORROWED MONEY), LEASES, STATUTORY OBLIGATIONS,
SURETY AND APPEAL BONDS, PERFORMANCE BONDS AND OTHER OBLIGATIONS OF A LIKE
NATURE INCURRED IN THE ORDINARY COURSE OF BUSINESS;
(E)
EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS AND
OTHER SIMILAR ENCUMBRANCES INCURRED IN THE ORDINARY COURSE OF BUSINESS THAT, IN
THE AGGREGATE, ARE NOT SUBSTANTIAL IN AMOUNT AND THAT 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 BORROWERS OR ANY OF
ITS SUBSIDIARIES;
(F)
ATTACHMENT OR JUDGMENT LIENS NOT
CONSTITUTING AN EVENT OF DEFAULT UNDER SECTION 9; PROVIDED THAT SUCH LIEN IS
RELEASED WITHIN 60 DAYS AFTER THE ENTRY THEREOF;
(G)
LIENS IN FAVOR OF CUSTOMS AND REVENUE
AUTHORITIES TO SECURE PAYMENT OF CUSTOMS DUTIES IN CONNECTION WITH THE
IMPORTATION OF GOODS THAT ARE NOT OVERDUE FOR A PERIOD OF MORE THAN 30 DAYS OR
THAT ARE BEING CONTESTED IN GOOD FAITH BY APPROPRIATE PROCEEDINGS; PROVIDED
THAT, SUCH LIENS DO NOT ENCUMBER ANY PROPERTY OTHER THAN THE GOODS SUBJECT TO
SUCH CUSTOMS DUTIES;
(H)
ZONING OR SIMILAR LAWS OR RIGHT RESERVED TO
OR VESTED IN ANY GOVERNMENTAL AUTHORITY TO CONTROL OR REGULATE THE USE OF ANY
REAL PROPERTY;
(I)
LIENS SECURING OBLIGATIONS (OTHER THAN
OBLIGATIONS REPRESENTING INDEBTEDNESS FOR BORROWED MONEY) UNDER OPERATING,
RECIPROCAL EASEMENT OR SIMILAR AGREEMENTS ENTERED INTO IN THE ORDINARY COURSE OF
BUSINESS OF THE BORROWERS AND THEIR SUBSIDIARIES;
(J)
LICENSES OF INTELLECTUAL PROPERTY
GRANTED BY THE BORROWERS OR ANY OF THEIR SUBSIDIARIES IN THE ORDINARY COURSE OF
BUSINESS WHICH DO NOT INTERFERE IN ANY MATERIAL RESPECT WITH THE ORDINARY
CONDUCT OF THE BUSINESS OF THE BORROWERS OR SUCH SUBSIDIARY;
(K)
LIENS IN EXISTENCE ON THE DATE HEREOF
LISTED ON SCHEDULE 8.3(K), SECURING INDEBTEDNESS PERMITTED BY SECTION 8.2(D),
PROVIDED THAT NO SUCH LIEN IS SPREAD TO COVER ANY ADDITIONAL PROPERTY AFTER THE
RESTATEMENT CLOSING DATE AND THAT THE AMOUNT OF INDEBTEDNESS SECURED THEREBY IS
NOT INCREASED;
(L)
LIENS SECURING INDEBTEDNESS OF THE
BORROWERS OR ANY OTHER SUBSIDIARY INCURRED PURSUANT TO SECTION 8.2(E) TO FINANCE
THE ACQUISITION OR MANUFACTURE OF FIXED OR CAPITAL ASSETS, PROVIDED THAT
(I) SUCH LIENS SHALL BE CREATED WITHIN 90 DAYS OF THE ACQUISITION OR MANUFACTURE
OF SUCH FIXED OR CAPITAL ASSETS, (II) SUCH LIENS DO NOT AT ANY TIME ENCUMBER ANY
PROPERTY OTHER THAN THE PROPERTY FINANCED BY SUCH INDEBTEDNESS AND (III) THE
AMOUNT OF INDEBTEDNESS SECURED THEREBY IS NOT SUBSEQUENTLY INCREASED;
(M)
LIENS CREATED PURSUANT TO THE SECURITY
DOCUMENTS;
(N)
ANY INTEREST OR TITLE OF A LESSOR OR
LICENSOR UNDER ANY LEASE OR LICENSE ENTERED INTO BY THE BORROWERS OR ANY OTHER
SUBSIDIARY IN THE ORDINARY COURSE OF ITS BUSINESS AND COVERING ONLY THE ASSETS
SO LEASED;
69
(O)
LIENS OF BANKS OR OTHER INVESTMENT
INSTITUTIONS ARISING SOLELY BY VIRTUE OF ANY STATUTORY OR COMMON LAW PROVISION
OR BY VIRTUE OF CONTRACTUAL PROVISIONS RELATING TO BANKER'S LIENS, RIGHTS OF
SET-OFF OR OTHER SIMILAR RIGHTS AND REMEDIES AS TO DEPOSIT ACCOUNTS OR OTHER
FUNDS MAINTAINED WITH SUCH INSTITUTION, PROVIDED THAT (A)