FOR THE BENEFIT OF) INSURANCE CARRIERS PROVIDING
PROPERTY, CASUALTY OR LIABILITY INSURANCE TO THE BORROWER OR ANY SUBSIDIARY;
78
(F)
DEPOSITS TO SECURE THE PERFORMANCE OF
BIDS, TRADE CONTRACTS, GOVERNMENTAL CONTRACTS AND LEASES (OTHER THAN
INDEBTEDNESS FOR BORROWED MONEY), STATUTORY OBLIGATIONS, SURETY, STAY, CUSTOMS
AND APPEAL BONDS, PERFORMANCE BONDS AND OTHER OBLIGATIONS OF A LIKE NATURE
(INCLUDING THOSE TO SECURE HEALTH, SAFETY AND ENVIRONMENTAL OBLIGATIONS)
INCURRED IN THE ORDINARY COURSE OF BUSINESS IN AN AGGREGATE AMOUNT NOT TO EXCEED
$25,000,000;
(G)
EASEMENTS, RIGHTS-OF-WAY, RESTRICTIONS,
ENCROACHMENTS, PROTRUSIONS AND OTHER SIMILAR ENCUMBRANCES AND MINOR TITLE
DEFECTS AFFECTING REAL PROPERTY WHICH, IN THE AGGREGATE, DO NOT IN ANY CASE
MATERIALLY INTERFERE WITH THE ORDINARY CONDUCT OF THE BUSINESS OF THE BORROWER
OR ANY MATERIAL SUBSIDIARY;
(H)
LIENS SECURING JUDGMENTS FOR THE PAYMENT OF
MONEY NOT CONSTITUTING AN EVENT OF DEFAULT UNDER SECTION 9.01(H);
(I)
LIENS SECURING INDEBTEDNESS PERMITTED
UNDER SECTION 7.03(E); PROVIDED, THAT, (I) SUCH LIENS ATTACH CONCURRENTLY WITH
OR WITHIN 120 DAYS AFTER THE ACQUISITION, CONSTRUCTION, REPAIR, REPLACEMENT OR
IMPROVEMENT (AS APPLICABLE) OF THE PROPERTY SUBJECT TO SUCH LIENS, (II) SUCH
LIENS DO NOT AT ANY TIME ENCUMBER ANY PROPERTY OTHER THAN THE PROPERTY FINANCED
BY SUCH INDEBTEDNESS, REPLACEMENTS THEREOF AND ADDITIONS AND ACCESSIONS TO SUCH
PROPERTY AND THE PROCEEDS AND THE PRODUCTS THEREOF AND CUSTOMARY SECURITY
DEPOSITS, AND (III) WITH RESPECT TO CAPITALIZED LEASES, SUCH LIENS DO NOT AT ANY
TIME EXTEND TO OR COVER ANY ASSETS (EXCEPT FOR ADDITIONS AND ACCESSIONS TO SUCH
ASSETS, REPLACEMENTS AND PRODUCTS THEREOF AND CUSTOMARY SECURITY DEPOSITS) OTHER
THAN THE ASSETS SUBJECT TO SUCH CAPITALIZED LEASES;
(J)
LEASES, LICENSES, SUBLEASES OR
SUBLICENSES AND LIENS ON THE PROPERTY COVERED THEREBY, IN EACH CASE, GRANTED TO
OTHERS IN THE ORDINARY COURSE OF BUSINESS WHICH DO NOT (I) INTERFERE IN ANY
MATERIAL RESPECT WITH THE BUSINESS OF THE BORROWER OR ANY MATERIAL SUBSIDIARY OR
(II) SECURE ANY INDEBTEDNESS;
(K)
LIENS (I) ON CASH ADVANCES IN FAVOR OF THE
SELLER OF ANY PROPERTY TO BE ACQUIRED IN AN INVESTMENT PERMITTED PURSUANT TO
SECTION 7.02(J) TO BE APPLIED AGAINST THE PURCHASE PRICE FOR SUCH INVESTMENT AND
(II) CONSISTING OF AN AGREEMENT TO DISPOSE OF ANY PROPERTY IN A DISPOSITION
PERMITTED UNDER SECTION 7.05, IN EACH CASE, SOLELY TO THE EXTENT SUCH INVESTMENT
OR DISPOSITION, AS THE CASE MAY BE, WOULD HAVE BEEN PERMITTED ON THE DATE OF THE
CREATION OF SUCH LIEN;
(L)
LIENS IN FAVOR OF THE BORROWER OR ANY
SUBSIDIARY SECURING INDEBTEDNESS PERMITTED UNDER SECTION 7.03(D); PROVIDED,
THAT, NO SUCH LIEN ON ASSETS OF LOAN PARTIES SHALL BE PERMITTED TO SECURE
INDEBTEDNESS OWED BY A LOAN PARTY TO ANY NON-LOAN PARTY SUBSIDIARY;
(M)
LIENS EXISTING ON PROPERTY AT THE TIME OF ITS
ACQUISITION OR EXISTING ON THE PROPERTY OF ANY PERSON AT THE TIME SUCH PERSON
BECOMES A SUBSIDIARY, IN EACH CASE AFTER THE DATE HEREOF; PROVIDED, THAT,
(I) SUCH LIEN WAS NOT CREATED IN CONTEMPLATION OF SUCH ACQUISITION OR SUCH
PERSON BECOMING A SUBSIDIARY, (II) SUCH LIEN DOES NOT EXTEND TO OR COVER ANY
OTHER ASSETS