Common use of Restrictions on Borrowing by Restricted Subsidiaries Clause in Contracts

Restrictions on Borrowing by Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary to issue, assume, guarantee or incur any Funded Debt except: (a) Funded Debt owed to the Company or to a Restricted Subsidiary; (b) Funded Debt which is Secured Debt permitted by Section 6.02 without equally and ratably securing the Obligations; (c) unsecured Funded Debt issued, assumed, guaranteed or incurred which represents an extension, renewal or refunding of Secured Debt permitted by the first paragraph of Section 6.02 to the extent of the principal amount of the Secured Debt so extended, renewed or refunded; (d) unsecured Funded Debt in an amount which, if it were Secured Debt, would be permitted by the second paragraph of Section 6.02 without equally and ratably securing the Obligations; (e) unsecured Funded Debt assumed by a Restricted Subsidiary in connection with its merger with, or acquisition of all or a substantial part of the assets and business of, any Person and which constitutes existing indebtedness or an existing guarantee of such Person; (f) unsecured Funded Debt of a Person existing at the time it becomes a Restricted Subsidiary; (g) Funded Debt created in connection with any industrial revenue bond, pollution control bond or similar financing arrangement between the Company or any Restricted Subsidiary and the United States, any State thereof or any municipal government or other governmental body or agency; and (h) any extension, renewal or refunding (or successive extensions, renewals or refundings), in whole or in part, of any Funded Debt referred to in the foregoing clauses (a) through (g).

Restrictions on Borrowing by Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary to issue, assume, guarantee or incur any Funded Debt except: Debt, except (ai) Funded Debt owed to the Company or to a Restricted Subsidiary; , or (bii) Funded Debt which is Secured Debt permitted by Section 6.02 10.06 without equally and ratably securing the Obligations; Outstanding ------------- Securities of all series, or (ciii) unsecured Funded Debt issued, assumed, guaranteed or incurred which represents an extension, renewal or refunding of Secured Debt permitted by the first paragraph of Section 6.02 10.06 to the extent of ------------- the principal amount of the Secured Debt so extended, renewed or refunded; , or (div) unsecured Funded Debt in an amount which, if it were Secured Debt, would be permitted by the second paragraph of Section 6.02 10.06 without equally and ratably ------------- securing the Obligations; Outstanding Securities of all series, or (ev) unsecured Funded Debt assumed by a Restricted Subsidiary in connection with its merger with, or acquisition of all or a substantial part of the assets and business of, any Person and which constitutes existing indebtedness or an existing guarantee of such Person; , or (fvi) unsecured Funded Debt of a Person existing at the time it becomes a Restricted Subsidiary; , or (gvii) Funded Debt created in connection with any industrial revenue bond, pollution control bond or similar financing arrangement between the Company or any Restricted Subsidiary and the United States, any any- State thereof or any municipal government or other governmental body or agency; and agency or (hviii) any extension, renewal or refunding (or successive extensions, renewals or refundings), in whole or in part, of any Funded Debt referred to in the foregoing clauses (ai) through (gvii).. ----------- -----

Restrictions on Borrowing by Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary to issue, assume, guarantee or incur any Funded Debt except: Debt, except (ai) Funded Debt owed to the Company or to a Restricted Subsidiary; , or (bii) Funded Debt which is Secured Debt permitted by Section 6.02 7(b) without equally and ratably securing the Obligations; 2009 Notes, or (ciii) unsecured Funded Debt issued, assumed, guaranteed or incurred which represents an extension, renewal or refunding of Secured Debt permitted by the first paragraph of Section 6.02 7(b) to the extent of the principal amount of the Secured Debt so extended, renewed or refunded; , or (div) unsecured Funded Debt in an amount which, if it were Secured Debt, would be permitted by the second paragraph of Section 6.02 7(b) without equally and ratably securing the Obligations; 2009 Notes, or (ev) unsecured Funded Debt assumed by a Restricted Subsidiary in connection with its merger with, or acquisition of all or a substantial part of the assets and business of, any Person and which constitutes existing indebtedness or an existing guarantee of such Person; , or (fvi) unsecured Funded Debt of a Person existing at the time it becomes a Restricted Subsidiary; , or (gvii) Funded Debt created in connection with any industrial revenue bond, pollution control bond or similar financing arrangement between the Company or any Restricted Subsidiary and the United States, any State thereof or any municipal government or other governmental body or agency; and agency or (hviii) any extension, renewal or refunding (or successive extensions, renewals or refundings), in whole or in part, of any Funded Debt referred to in the foregoing clauses (ai) through (gvii).

Restrictions on Borrowing by Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary to issue, assume, guarantee or incur any Funded Debt except: Debt, except (ai) Funded Debt owed to the Company or to a Restricted Subsidiary; , or (bii) Funded Debt which is Secured Debt permitted by Section 6.02 7(b) without equally and ratably securing the Obligations; 2013 Notes, or (ciii) unsecured Funded Debt issued, assumed, guaranteed or incurred which represents an extension, renewal or refunding of Secured Debt permitted by the first paragraph of Section 6.02 7(b) to the extent of the principal amount of the Secured Debt so extended, renewed or refunded; , or (div) unsecured Funded Debt in an amount which, if it were Secured Debt, would be permitted by the second paragraph of Section 6.02 7(b) without equally and ratably securing the Obligations; Notes, or (ev) unsecured Funded Debt assumed by a Restricted Subsidiary in connection with its merger with, or acquisition of all or a substantial part of the assets and business of, any Person and which constitutes existing indebtedness or an existing guarantee of such Person; , or (fvi) unsecured Funded Debt of a Person existing at the time it becomes a Restricted Subsidiary; , or (gvii) Funded Debt created in connection with any industrial revenue bond, pollution control bond or similar financing arrangement between the Company or any Restricted Subsidiary and the United States, any State thereof or any municipal government or other governmental body or agency; and agency or (hviii) any extension, renewal or refunding (or successive extensions, renewals or refundings), in whole or in part, of any Funded Debt referred to in the foregoing clauses (ai) through (gvii).

Restrictions on Borrowing by Restricted Subsidiaries. The Company Borrower will not permit any Restricted Subsidiary to issue, assume, guarantee or incur any Funded Debt except: (a) Funded Debt owed to the Company Borrower or to a Restricted Subsidiary; (b) Funded Debt which is Secured Debt permitted by Section 6.02 without equally and ratably securing the Obligations; (c) unsecured Funded Debt issued, assumed, guaranteed or incurred which represents an extension, renewal or refunding of Secured Debt permitted by the first paragraph of Section 6.02 to the extent of the principal amount of the Secured Debt so extended, renewed or refunded; (d) unsecured Funded Debt in an amount which, if it were Secured Debt, would be permitted by the second paragraph of Section 6.02 without equally and ratably securing the Obligations; (e) unsecured Funded Debt assumed by a Restricted Subsidiary in connection with its merger with, or acquisition of all or a substantial part of the assets and business of, any Person and which constitutes existing indebtedness or an existing guarantee of such Person; (f) unsecured Funded Debt of a Person existing at the time it becomes a Restricted Subsidiary; (g) Funded Debt created in connection with any industrial revenue bond, pollution control bond or similar financing arrangement between the Company Borrower or any Restricted Subsidiary and the United States, any State thereof or any municipal government or other governmental body or agency; and (h) any extension, renewal or refunding (or successive extensions, renewals or refundings), in whole or in part, of any Funded Debt referred to in the foregoing clauses (a) through (g).