Common use of Limitation upon Liens Clause in Contracts

Limitation upon Liens. (a) Neither the Guarantor nor the Company shall, and the Guarantor and the Company shall not permit any Restricted Subsidiary to, create or suffer to exist any Lien to secure any Indebtedness of the Guarantor, the Company or any Restricted Subsidiary on any property of or any shares of equity interests or evidences of Indebtedness issued by the Company, the Guarantor or any Restricted Subsidiary and owned by the Guarantor, the Company or any Restricted Subsidiary, without making, or causing such Restricted Subsidiary to make, effective provision to secure all of the Securities issued hereunder and then outstanding by such Lien, equally and ratably with any and all other such Indebtedness thereby secured, so long as such other Indebtedness is so secured. The foregoing restrictions shall not apply to Permitted Liens. (b) Notwithstanding the provisions of subsection (a) of this Section 1007, the Guarantor, the Company or any Restricted Subsidiary may create or suffer to exist Liens securing Indebtedness in addition to those permitted by subsection (a) of this Section 1007, and renew, extend or replace such Liens provided that, at the time such Indebtedness is incurred and after giving effect -------- thereto, Exempted Debt does not exceed 10% of Consolidated Stockholders Equity.

Limitation upon Liens. (a) Neither the Guarantor nor the The Company shallwill not itself, and the Guarantor and the Company shall will not permit any Restricted Subsidiary to, create directly or indirectly, create, incur, issue, assume, guarantee or otherwise become liable for or suffer to exist any Indebtedness secured by a Lien to secure on (i) any Indebtedness Principal Property of the Guarantor, the Company or any Restricted Subsidiary on any property of or (ii) any shares of equity interests capital stock or evidences Indebtedness of Indebtedness issued by the Company, the Guarantor or any Restricted Subsidiary and owned (which Indebtedness is then held by the Guarantor, the Company or any Restricted Subsidiary), without makingeffectively providing that the Notes (together with, if the Company shall so determine, any other Indebtedness of the Company or causing such Restricted Subsidiary to make, effective provision to secure all of the Securities issued hereunder and then outstanding by such Lien, existing or thereafter created which is not Subordinated Debt) shall be secured equally and ratably with any and all other (or, at the option of the Company, prior to) such Indebtedness thereby securedsecured Indebtedness, so long as such other secured Indebtedness is shall be so secured. The foregoing restrictions shall not apply to Permitted Liens. (b) Notwithstanding the provisions of subsection (a) of this Section 1007, the Guarantorunless immediately thereafter, the Company or any Restricted Subsidiary may create or suffer to exist Liens securing Indebtedness in addition to those permitted by subsection (a) of this Section 1007, and renew, extend or replace such Liens provided that, at the time such Indebtedness is incurred and after giving effect -------- thereto, Exempted the aggregate amount of all such secured indebtedness plus all Attributable Debt does of the Company and its Restricted Subsidiaries in respect of Sale and Leaseback Transactions (but excluding leases exempt from the prohibition of Section 1009 by Clauses (2) through (6) thereof) would not exceed 10% of Consolidated Stockholders Equity.Net Tangible Assets; provided, however, that this Section 1008 shall not apply to, and there shall be excluded from secured Indebtedness in any computation under this Section 1008, Indebtedness secured by:

Limitation upon Liens. (a) Neither the Guarantor nor the Company shall, and the Guarantor and the Company shall not permit any Restricted Subsidiary to, create or suffer to exist any Lien to secure any Indebtedness of the Guarantor, the Company or any Restricted Subsidiary on any property of or any shares of equity interests or evidences of Indebtedness issued by the Company, the Guarantor or any Restricted Subsidiary and owned by the Guarantor, the Company or any Restricted Subsidiary, without making, or causing such Restricted Subsidiary to make, effective provision to secure all of the Securities issued hereunder and then outstanding by such Lien, equally and ratably with any and all other such Indebtedness thereby secured, so long as such other Indebtedness is so secured. The foregoing restrictions shall not apply to Permitted Liens. (b) Notwithstanding the provisions of subsection (a) of this Section 1007, the Guarantor, the Company or any Restricted Subsidiary may create or suffer to exist Liens securing Indebtedness in addition to those permitted by subsection (a) of this Section 1007, and renew, extend or replace such Liens provided that, at the time such Indebtedness is incurred and after giving effect -------- thereto, Exempted Debt does not exceed 10% of Consolidated Stockholders Equity.

Limitation upon Liens. (a) Neither the Guarantor nor the Company shallThe Issuer will not itself, and the Guarantor and the Company shall will not permit any Restricted Subsidiary to, create create, incur, issue or suffer assume, any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter referred to exist as "Debt"), secured by any pledge of, or mortgage, lien, encumbrance and security interest on (such pledges, mortgages, liens, encumbrances and security interests being hereinafter collectively referred to as "Liens"), any Principal Property owned by the Issuer or any Subsidiary and the Issuer will not itself and will not permit any Subsidiary to create, incur, issue or assume any Debt secured by any Lien to secure any Indebtedness of the Guarantor, the Company or any Restricted Subsidiary on any property of or any shares of equity interests stock or evidences Debt of Indebtedness issued by the Company, the Guarantor or any Restricted Subsidiary and owned by the Guarantor, the Company or any Restricted Subsidiary, without makingin any such case effectively providing that the Securities (together with, or causing such Restricted Subsidiary to makeif the Issuer shall so determine, effective provision to secure all any other Debt of the Securities issued hereunder and Issuer then outstanding by such Lien, existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with any and all other (or prior to) such Indebtedness thereby securedsecured Debt, so long as such other Indebtedness is secured Debt shall be so secured. The foregoing restrictions shall not apply to Permitted Liens. (b) Notwithstanding the provisions of subsection (a) of this Section 1007, the Guarantorunless, the Company or any Restricted Subsidiary may create or suffer to exist Liens securing Indebtedness in addition to those permitted by subsection (a) of this Section 1007, and renew, extend or replace such Liens provided that, at the time such Indebtedness is incurred and after giving effect -------- thereto, Exempted the aggregate principal amount of all such secured Debt does then outstanding would not exceed 10an amount equal to 20% of Consolidated Stockholders Equity.Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by: