Common use of Limitation on Secured Debt Clause in Contracts

Limitation on Secured Debt. On or after the Release Date, the Company shall not, and the Company shall not permit any of its Restricted Subsidiaries to, create, assume, incur or guarantee any Secured Debt unless and for so long as the Company secures the Securities equally and ratably with (or prior to) such Secured Debt. However, the Company may incur Secured Debt without securing the Securities if, immediately after incurring the Secured Debt, the aggregate amount of all Secured Debt and the aggregate amount of Attributable Debt then outstanding pursuant to Sale and Leaseback Transactions would not exceed 15% of Consolidated Net Tangible Assets. The aggregate amount of all Secured Debt in the preceding sentence excludes Secured Debt which is secured equally and ratably with the Securities and Secured Debt that is being repaid concurrently. Any Lien which is granted to secure the Securities under this Section 1009 shall be discharged at the same time as the discharge of the Lien securing the Secured Debt that gave rise to the obligation to secure the Securities under this Section 1009.

Limitation on Secured Debt. On or after the Release Date, the Company shall will not, and the Company shall will not permit any of its Restricted Subsidiaries to, create, assume, incur or guarantee any Secured Debt unless and for so long as the Company secures the Securities equally and ratably with (or prior to) such Secured Debt. However, the Company may incur Secured Debt without securing the Securities if, immediately after incurring the Secured Debt, the aggregate amount of all Secured Debt and plus the aggregate amount of Attributable Debt then outstanding pursuant to Sale and Leaseback Transactions would not exceed 15% of the Company’s Consolidated Net Tangible Assets. The aggregate amount of all Secured Debt in the preceding sentence excludes Secured Debt which is secured equally and ratably with the Securities and Secured Debt that is being repaid concurrently. Any Lien which is granted to secure the Securities under this Section 1009 1017 shall be discharged at the same time as the discharge of the Lien securing the Secured Debt that gave rise to the obligation to secure the Securities under this Section 10091017.

Limitation on Secured Debt. On or after the Release Date, the Company shall not, and the Company shall not permit any of its Restricted Subsidiaries to, create, assume, incur or guarantee any Secured Debt unless and for so long as the Company secures the Securities equally and ratably with (or prior to) such Secured Debt. However, the Company may incur Secured Debt without securing the Securities if, immediately after incurring the Secured Debt, the aggregate amount of all Secured Debt and plus the aggregate amount of Attributable Debt then outstanding pursuant to Sale and Leaseback Transactions would not exceed 15% of the Company's Consolidated Net Tangible Assets. The aggregate amount of all Secured Debt in the preceding sentence excludes Secured Debt which is secured equally and ratably with the Securities and Secured Debt that is being repaid concurrently. Any Lien which is granted to secure the Securities under this Section 1009 1010 shall be discharged at the same time as the discharge of the Lien securing the Secured Debt that gave rise to the obligation to secure the Securities under this Section 10091010.

Limitation on Secured Debt. On or after the Release Date, the Company shall not, and the Company shall not permit any of its Restricted Subsidiaries to, create, assume, incur or guarantee any Secured Debt unless and for so long as the Company secures the Securities equally and ratably with (or prior to) such Secured Debt. However, the Company may incur Secured Debt without securing the Securities if, immediately after incurring the Secured Debt, the aggregate amount of all Secured Debt and plus the aggregate amount of Attributable Debt then outstanding pursuant to Sale and Leaseback Transactions would not exceed 15% of the Company’s Consolidated Net Tangible Assets. The aggregate amount of all Secured Debt in the preceding sentence excludes Secured Debt which is secured equally and ratably with the Securities and Secured Debt that is being repaid concurrently. Any Lien which is granted to secure the Securities under this Section 1009 1010 shall be discharged at the same time as the discharge of the Lien securing the Secured Debt that gave rise to the obligation to secure the Securities under this Section 10091010.

Limitation on Secured Debt. On or after the Release Date, the Company shall will not, and the Company shall will not permit any of its Restricted Subsidiaries to, create, assume, incur or guarantee any Secured Debt unless and for so long as the Company secures the Securities equally and ratably with (or prior to) such Secured Debt. However, the Company may incur Secured Debt without securing the Securities if, immediately after incurring the Secured Debt, the aggregate amount of all Secured Debt and plus the aggregate amount of Attributable Debt then outstanding pursuant to Sale and Leaseback Transactions would not exceed 15% of the Company's Consolidated Net Tangible Assets. The aggregate amount of all Secured Debt in the preceding sentence excludes Secured Debt which is secured equally and ratably with the Securities and Secured Debt that is being repaid concurrently. Any Lien which is granted to secure the Securities under this Section 1009 1017 shall be discharged at the same time as the discharge of the Lien securing the Secured Debt that gave rise to the obligation to secure the Securities under this Section 10091017.

Limitation on Secured Debt. On or after the Release Date, the Company shall not, and the Company shall not permit any of its Restricted Subsidiaries to, create, assume, incur or guarantee any Secured Debt unless and for so long as the Company secures the Securities equally and ratably with (or prior to) such Secured Debt. However, the Company may incur Secured Debt without securing the Securities if, immediately after incurring the Secured Debt, the aggregate amount of all Secured Debt and the aggregate amount of Attributable Debt then outstanding pursuant to Sale and Leaseback Transactions would not exceed 15% of Consolidated Net Tangible Assets. The aggregate amount of all Secured Debt in the preceding sentence excludes Secured Debt which is secured equally and ratably with the Securities and Secured Debt that is being repaid concurrently. Any Lien which is granted to secure the Securities under this Section 1009 1016 shall be discharged at the same time as the discharge of the Lien securing the Secured Debt that gave rise to the obligation to secure the Securities under this Section 10091016.