Exempted Indebtedness. Notwithstanding Section 1010 and Section 1011, the Guarantor and any one or more of its Subsidiaries may, without securing the Securities, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 1010 and Section 1011, provided that after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 1010) and the Attributable Debt of Sale and Leaseback Transactions (other than Sale and Leaseback Transactions in accordance with clause (a) or (b) of Section 1011) at such time does not exceed 15% of Consolidated Net Assets.
Exempted Indebtedness. Notwithstanding Sections 4.08 and 4.10, the Issuer and any one or more of its Subsidiaries may, without securing the Notes, issue, assume, or guarantee Secured Debt or enter into any Sale and Lease-Back Transaction that would otherwise be subject to the Section 4.08 or 4.10; provided that, after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (other than Secured Debt permitted under Section 4.08) and the Attributable Liens of Sale and Lease-back Transactions, other than Sale and Lease-Back Transactions set forth in Section 4.10, at such time does not exceed the greater of (i) 15% of the Consolidated Net Tangible Assets of the Issuer calculated as of the date of the creation or incurrence of such Secured Debt or Sale and Lease-Back Transactions and (ii) $1,750 million, in each case after giving effect to such incurrence and the application of the proceeds therefrom.
Exempted Indebtedness. Notwithstanding the provisions contained in Sections 4.06 and 4.07, the Company and its Subsidiaries may issue, assume or guarantee Indebtedness secured by a Lien without securing the Securities, or may enter into Sale and Leaseback Transactions without retiring funded debt, or enter into a combination of such transactions, if the sum of the principal amount of all such Indebtedness and the aggregate value of all such Sale and Leaseback Transactions does not at any time exceed 15% of the Adjusted Consolidated Net Tangible Assets of the Company. For the purposes of any calculation pursuant to this Section 4.08, the Trustee may rely on an Officers’ Certificate setting forth such calculation.
Exempted Indebtedness. Notwithstanding the provisions contained in Sections 4.05 and 4.06, the Company and its Restricted Subsidiaries may issue, assume, suffer to exist or guarantee Debt which would otherwise be subject to the limitation of Section 4.05, without securing the Securities, or may enter into Sale and Lease-Back Transactions which would otherwise be subject to the limitation of Section 4.06, without retiring Funded Debt, or enter into a combination of such transactions, if the sum of (i) the principal amount of all such Debt incurred after the date hereof, and which would otherwise be or have been prohibited by the limitations of Section 4.05 or 4.06 and (ii) the aggregate Value of all such Sale and Lease-Back Transactions after the date hereof does not at any such time exceed 10% of the consolidated total assets of the Company and its consolidated Subsidiaries as shown in the audited consolidated balance sheet contained in the latest annual report to the shareholders of the Company.
Exempted Indebtedness. 5 Experts............................... 5
Exempted Indebtedness. 4 Experts.................................................... 4 Holder.....................................................
Exempted Indebtedness. Notwithstanding Section 6.01 and Section 6.02, (1) the Guarantor and any one or more of its Subsidiaries may, without securing the Securities, issue, assume, or guarantee Secured Debt or enter into any Sale and Leaseback Transaction which would otherwise be subject to the restrictions of Section 6.01 and Section 6.02; provided that, after giving effect thereto, the aggregate amount of such Secured Debt then outstanding (not including Secured Debt permitted under the exceptions set forth in Section 6.01) and the Attributable Debt of Sale and Leaseback Transactions, other than Sale and Leaseback Transactions in accordance with clause (a) or (b) of Section 6.02, at such time does not exceed 15% of Consolidated Net Assets, and (2) leases between only the Guarantor and a wholly-owned Subsidiary of the Guarantor or only between wholly-owned Subsidiaries of the Guarantor are permitted.
Exempted Indebtedness. Notwithstanding the foregoing limitations in Sections 1010 and 1011, the Company and its Restricted Subsidiaries may issue, assume, suffer to exist or guarantee Indebtedness secured by a Lien without securing the Senior Debt Securities, or may enter into sale and leaseback transactions without retiring funded debt, or enter into a combination of such transactions, if the sum of the principal amount of all such Indebtedness and the aggregate value of all such sale and leaseback transactions does not at any such time exceed 10% of the consolidated total assets of the Company and its consolidated subsidiaries as shown in the consolidated balance sheet contained in the latest annual or quarterly report filed with the Securities and Exchange Commission (the "Commission").
Exempted Indebtedness. Notwithstanding the provisions contained in Sections 4.06 and 4.07, the Company and its Restricted Subsidiaries may issue, assume, suffer to exist or guarantee Debt which would otherwise be subject to the limitation of Section 4.06, without securing the Securities, or may enter into Sale and Lease-Back Transactions which would otherwise be subject to the limitation of Section 4.07, without
Exempted Indebtedness. Notwithstanding the provisions contained in Sections 5.03 and 5.04, the Company and its Subsidiaries may issue, assume, suffer to exist or guarantee Indebtedness which would otherwise be subject to the limitation of Section 5.03, without securing the Notes, or may enter into Sale and Leaseback Transactions which would otherwise be subject to the limitation of Section 5.04, without retiring Funded Indebtedness, or enter into a combination of such transactions, if the sum of (i) the principal amount of all such Indebtedness and (ii) the Attributable Debt does not at any time exceed 15% of the Consolidated Net Tangible Assets of the Company and its consolidated Subsidiaries, as shown in the audited consolidated balance sheet contained in the latest annual report to the Company’s stockholders.
