Common use of Restrictions on Secured Debt Clause in Contracts

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, any Principal Property of the Guarantor or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor shall so determine, any other Debt of the Guarantor or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Guarantor, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt would not exceed 10% of Consolidated Net Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Domestic Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced indebtedness for money borrowed represented by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and such notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 Article called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, a Mortgage on any Principal Domestic Manufacturing Property of the Guarantor Company or any Restricted Subsidiary Domestic Subsidiary, or any shares of Capital Stock of stock or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages")Domestic Subsidiary, without effectively providing that the Securities, other than Outstanding Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Domestic Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured DebtDebt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt of the Company and its Domestic Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1009) would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for provisions of Section 1008 of the benefit of each series of Securities, other than any series established by or pursuant Base Indenture shall not apply to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it will not itselfthe Notes, and will not permit the following provisions shall apply in lieu thereof: If the Company or any Restricted Subsidiary to, shall incur, issue, assume, assume or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans“Debt”) secured by a mortgage, and notes, bonds, debentures pledge or lien (“Lien”) on any assets or property of the Company or any Subsidiary (other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Debt"than Permitted Liens), secured after the date hereof by pledge of, Company will provide or mortgage or lien on, any Principal Property of the Guarantor or any Restricted cause such Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages"), without effectively providing to provide that the Securities, other than Securities of a series not entitled to the benefits of this covenant Notes (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary its Subsidiaries then existing or thereafter created which is not subordinate subordinated to the SecuritiesNotes) shall be secured equally and ratably with (or, at the option of the GuarantorCompany’s option, prior to) such secured Debt, Debt for so long as such other Debt is so secured by such Lien. For purposes of determining compliance with this covenant, (a) a Lien securing an item of Debt need not be permitted solely by reference to one category of permitted Liens (or any portion thereof) described in the definition of “Permitted Liens” but may be permitted in part under any combination thereof and (b) in the event that a Lien securing an item of Debt (or any portion thereof) meets the criteria of one or more of the categories of permitted Liens (or any portion thereof) described in the definition of “Permitted Liens,” the Company may, in its sole discretion, classify or reclassify, or later divide, classify or reclassify, such Lien securing such item of Debt (or any portion thereof) in any manner that complies with this covenant. In addition, for purposes of determining compliance with this covenant, the Company may elect, pursuant to an officers’ certificate delivered to the Trustee, to treat all or any portion of the commitment under any Debt (and any refinancing with respect thereto) (any such commitment, a “Designated Commitment”) as being incurred at such time and being secured by a Lien at such time, in which case (a) any subsequent incurrence of Debt under such commitment or refinancing or incurrence of Liens to secure such Debt, as the case may be, shall not be deemed, for purposes of this calculation, to be an incurrence at such subsequent time and (b) without duplication, Debt in an amount equal to the amount of such commitment shall be so secured, unless, after giving effect thereto, the aggregate amount of all deemed to be outstanding (whether or not such secured Debt would not exceed 10% of Consolidated Net Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004, Debt secured by:commitment is funded) until such commitment is terminated.

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Domestic Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced indebtedness for borrowed money represented by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for borrowed money borrowed (loans, and such notes, bonds, debentures or other similar evidences of indebtedness for borrowed money borrowed being hereinafter in this Section 1004 Article called "“Debt"”), secured after the date hereof by pledge of, or mortgage or lien on, a Mortgage on any Principal Property of the Guarantor or any Restricted Subsidiary Domestic Property, or any shares of Capital Stock of stock or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages")Domestic Subsidiary, without effectively providing or causing its Domestic Subsidiary to provide that the Securities, other than Outstanding Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor shall so determine, any other Debt of the Guarantor or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured DebtDebt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt in respect of Sale and Leaseback Transactions involving Principal Domestic Properties (other than Sale and Leaseback Transactions permitted pursuant to clause (2) of Section 10.7) would not exceed 1015% of Consolidated Net Assets; providedPROVIDED, howeverHOWEVER, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 1007 called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 1007 called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate subordinated to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries with respect to sale and lease back transactions to which Section 1008 is applicable would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section 1004 1007 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 10041007, Debt secured by:

Restrictions on Secured Debt. The Guarantor Company covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate Resolution or in one or more supplemental indentures hereto which specifically provides otherwise, that it will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (such loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Certain Debt"), secured after the date hereof by a pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock of or Certain Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together withcovenant, if the Guarantor shall so determine, any other Debt of the Guarantor or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Certain Debt, so long as such secured Certain Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Certain Debt (plus the amount of all Attributable Debt not otherwise permitted by the second paragraph of Section 1007) would not exceed 10% of Consolidated Net Assets; provided, however, that this Section 1004 1006 shall not apply to, and there shall be excluded from secured Certain Debt in any computation under this Section 10041006, Certain Debt secured by:

Restrictions on Secured Debt. The Parent Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it will not itself, and will not permit any Restricted Domestic Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced indebtedness for money borrowed represented by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and such notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 Article called "“Debt"”), secured after the date hereof by pledge of, or mortgage or lien on, a Mortgage on any Principal Domestic Manufacturing Property of the Parent Guarantor or any Restricted Subsidiary Domestic Subsidiary, or any shares of Capital Stock of or Debt stock of any Restricted Domestic Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" that owns or "Mortgages")leases a Principal Domestic Manufacturing Property, without effectively providing that the Securities, other than Parent Guarantor’s Guarantee of the Outstanding Securities of a series not entitled to the benefits of this covenant (together with, if the Parent Guarantor shall so determine, any other Debt of the Parent Guarantor or such Restricted Domestic Subsidiary then existing or thereafter created which is not subordinate to the SecuritiesSecurities or the Parent Guarantor’s Guarantee thereof) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured DebtDebt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt of the Parent Guarantor and its Domestic Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1007) would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures debentures, or other similar evidences of indebtedness for money borrowed (loans, loans and notes, bonds, debentures debentures, or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock stock of or Debt of any Restricted Subsidiary (mortgages, pledges pledges, and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages" and any such Debt so secured being called "Secured Debt"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Secured Debt, so long as such secured Secured Debt shall be so secured, unless, unless after giving effect thereto, the aggregate amount of all such secured Secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries with respect to sale and leaseback transactions to which Section 1005 is applicable would not exceed 10% of Consolidated Net Tangible Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Secured Debt in any computation under this Section 1004, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 herein called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 herein called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate subordinated to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries with respect to sale and leaseback transactions to which Section 1008 is applicable would not exceed 10% of Consolidated Net Tangible Assets; , provided, however, that this Section 1004 1007 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 10041007 or Section 1008, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for After the benefit of each series of Securitiesdate hereof, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it the Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (such loans, and such notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 1005 called "“Debt"”), secured after the date hereof by pledge of, or mortgage or in lien on, any Principal Property of the Guarantor or Company of any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (such mortgages, pledges ledges and liens being hereinafter in this Section 1004 1003 called "“Mortgage" ” or "Mortgages"“Mortgage:”), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor or Company of such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such Debt secured by Mortgages plus all Attributable Debt of the Company and its Restricted Subsidiaries with respect to sale and leaseback transaction to which Section 1006 is applicable would not exceed 105% of Consolidated Net Tangible Assets; provided, however, however that this Section 1004 1005 shall not apply to, and there shall be excluded from Debt secured Debt by Mortgages in any computation under this Section 10041005 or Section 1006, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 Article called "“Debt"”), secured after the date hereof by pledge of, or mortgage or other lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary Subsidiary, or any shares of Capital Stock of stock or Debt of any Restricted Subsidiary (mortgagespledges, pledges mortgages and other liens being hereinafter in this Section 1004 Article called "“Mortgage" ” or "“Mortgages"”), without effectively providing that the Securities, other than Securities of a each series not entitled to the benefits of this covenant then Outstanding (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the SecuritiesSecurities of each series then Outstanding) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 1007) would not exceed 1015% of Consolidated Net Tangible Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Domestic Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced indebtedness for money borrowed represented by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and such notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 Article called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, a Mortgage on any Principal Domestic Property of the Guarantor Company or any Restricted Subsidiary Domestic Subsidiary, or any shares of Capital Stock of stock or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages")Domestic Subsidiary, without effectively providing that the Securities, other than Outstanding Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Domestic Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured DebtDebt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt of the Company and its Domestic Subsidiaries in respect of sale and leaseback transactions (as defined in Section 10.9) would not exceed 1015% of Consolidated Net Assets; providedPROVIDED, howeverHOWEVER, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:

Restrictions on Secured Debt. The Guarantor Company covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate Resolution or in one or more supplemental indentures hereto which specifically provides otherwise, that it will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt would not exceed 10% of Consolidated Net Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for After the benefit of each series of Securitiesdate hereof, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it the Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume, assume or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (such loans, and such notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Debt"), secured after the date hereof by pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (such mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such Debt secured by Mortgages plus all Attributable Debt of the Company and its Restricted Subsidiaries with respect to sale and leaseback transactions to which Section 10.6 is applicable would not exceed 10% 10 percent of Consolidated Net Tangible Assets; provided, however, that this Section 1004 10.5 shall not apply to, and there shall be excluded from Debt secured Debt by Mortgages in any computation under this Section 100410.5 or Section 10.6, Debt secured by:

Restrictions on Secured Debt. The Guarantor covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate or in one or more supplemental indentures hereto which specifically provides otherwise, that it Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 Article called "“Debt"”), secured after the date hereof by a pledge of, or mortgage or other lien on, any Principal Property of Property, now owned or hereafter owned by the Guarantor Company or any Restricted Subsidiary Subsidiary, or any shares of Capital Stock of stock or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 Article called "Mortgage" “Lien” or "Mortgages"“Liens”), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor Company shall so determine, any other Debt of the Guarantor Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt would not exceed 10% of Consolidated Net Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:: Liens on any Principal Property acquired (whether by merger, consolidation, purchase, lease or otherwise), constructed or improved by the Company or any Restricted Subsidiary after the date of this Indenture which are created or assumed prior to, contemporaneously with, or within 360 days after, such acquisition, construction or improvement, to secure or provide for the payment of all or any part of the cost of such acquisition, construction or improvement (including related expenditures capitalized for Federal income tax purposes in connection therewith) incurred after the date of this Indenture; Liens on any property, shares of capital stock or Debt existing at the time of acquisition thereof, whether by merger, consolidation, purchase, lease or otherwise (including Liens on property, shares of capital stock or indebtedness of a corporation existing at the time such corporation becomes a Restricted Subsidiary); Liens in favor of, or which secure debt owing to, the Company or any Restricted Subsidiary; Liens in favor of the United States of America or any State thereof, or any department, agency or instrumentality or political subdivision of the United States of America or any State thereof or political entity affiliated therewith, or in favor of any other country, or any political subdivision thereof, to secure partial, progress, advance or other payments, or other obligations, pursuant to any contract or statute, or to secure any Debt incurred for the purpose of financing all or any part of the cost of acquiring, constructing or improving the property subject to such Liens (including Liens incurred in connection with pollution control, industrial revenue or similar financings); Liens imposed by law, such as mechanics’, workmen’s, repairmen’s, materialmen’s, carriers’, warehousemen’s, vendors’ or other similar Liens arising in the ordinary course of business, or governmental (Federal, state or municipal) Liens arising out of contracts for the sale of products or services by the Company or any Restricted Subsidiary, or deposits or pledges to obtain the release of any of the foregoing; pledges or deposits under workmen’s compensation, unemployment insurance or similar legislation and Liens of judgments thereunder which are not currently dischargeable, or good faith deposits in connection with bids, tenders, contracts (other than for the payment of money) or leases to which the Company or any Restricted Subsidiary is a party, or deposits to secure public or statutory obligations of the Company or any Restricted Subsidiary, or deposits in connection with obtaining or maintaining self-insurance or to obtain the benefits of any law, regulation or arrangement pertaining to workmen’s compensation, unemployment insurance, old age pensions, social security or similar matters, or deposits of cash or obligations of the United States of America to secure surety, appeal or customs bonds to which the Company or any Restricted Subsidiary is a party, or deposits in litigation or other proceedings such as, but not limited to, interpleader proceedings; Liens created by or resulting from any litigation or other proceeding which is being contested in good faith by appropriate proceedings, including Liens arising out of judgments or awards against the Company or any Restricted Subsidiary with respect to which the Company or such Restricted Subsidiary is in good faith prosecuting an appeal or proceedings for review; or Liens incurred by the Company or any Restricted Subsidiary for the purpose of obtaining a stay or discharge in the course of any litigation or other proceeding to which the Company or such Restricted Subsidiary is a party; Liens for taxes or assessments or governmental charges or levies not yet due or delinquent, or which can thereafter be paid without penalty, or which are being contested in good faith by appropriate proceedings; Liens consisting of easements, rights-of-way, zoning restrictions, restrictions on the use of real property, and defects and irregularities in the title thereto, landlords’ Liens and other similar Liens and encumbrances none of which interfere materially with the use of the property covered thereby in the ordinary course of the business of the Company or such Restricted Subsidiary and which do not, in the opinion of the Company, materially detract from the value of such properties; Liens existing on the Issue Date; Liens on cash and cash equivalents securing derivatives obligations; provided that the aggregate amount of cash and cash equivalents subject to such liens may at not time exceed $100,000,000; Liens arising solely by virtue of any statutory or common law provision relating to banker’s liens, rights of setoff or similar rights and remedies as to deposit accounts or other funds maintained with a creditor depository institution; provided that (a) such deposit account is not a dedicated cash collateral account and is not subject to restrictions against access by the Company in excess of those set forth by regulations promulgated by the Federal Reserve Board, and (b) such deposit account is not intended to provide collateral to the depository institution; or any extension, renewal or replacement (or successive extensions, renewals or replacements), as a whole or in part, of any Lien referred to in the foregoing clauses (i) to (xii), inclusive; provided that (1) such extension, renewal or replacement Lien shall be limited to all or a part of the same property, shares of stock or Debt that secured the Lien extended, renewed or replaced (plus improvements on such property) and (2) the Debt secured by such Lien at such time is not increased. Notwithstanding the restrictions contained in subsection (a) of this Section, the Company and its Restricted Subsidiaries, or any of them, may incur, issue, assume or guarantee Debt secured by Liens without equally and ratably securing the Securities of each Series then Outstanding; provided that at the time of such incurrence, issuance, assumption or guarantee, after giving effect thereto and to the retirement of any Debt which is concurrently being retired, the aggregate amount of all outstanding Debt secured by Liens which could not have been incurred, issued, assumed or guaranteed by the Company or a Restricted Subsidiary without equally and ratably securing the Securities of each Series then Outstanding except for the provisions of this subdivision (b), together with the aggregate amount of Attributable Debt incurred pursuant to subsection (b) of Section 10.03, does not at such time exceed the greater of (i) $300,000,000 or (ii) 15% of Consolidated Net Tangible Assets of the Company. Notwithstanding the foregoing, any Lien securing the Securities granted pursuant to this covenant shall be automatically and unconditionally released and discharged upon the release by all holders of the Debt secured by a Lien giving rise to the Lien securing the Securities (including any deemed release upon payment in full of all obligations under such Debt), or, with respect to any particular Principal Property or capital stock of any particular Restricted Subsidiary securing the Securities, upon any sale, exchange or transfer to any person not an Affiliate of the Company of such Principal Property or Capital Stock.

Restrictions on Secured Debt. The Guarantor covenants Company shall not itself, and agrees shall not permit any of its subsidiaries to, (i) create or permit to subsist any mortgage upon the whole or any part of its present or future assets or revenues (including uncalled capital) to secure any indebtedness for borrowed money which is represented by any bond, note, debenture, debenture stock, loan stock, certificate or other instrument which is (with the benefit consent of each series the issuer of Securitiesthe indebtedness) at the time listed, quoted or traded on any stock exchange or in any securities market (including, without limitation, any over-the-counter market) or (ii) guarantee any such indebtedness of any Person without (a) in the case of the creation of a security interest, at the same time or prior thereto or, in any other than case, promptly, securing the Outstanding Securities of any series established equally and ratably therewith or (b) providing such other security interest or other arrangement (whether or not it includes the granting of a security interest) for such Securities as may be approved by or pursuant to Holders of a Board Resolution, Officer's Certificate or majority in one or more supplemental indentures hereto which specifically provides otherwise, that it principal amount of Outstanding Securities of any series. The Parent Guarantor will not itself, and will not permit any Restricted Domestic Subsidiary to, incur, issue, assume, assume or guarantee any loans, whether or not evidenced indebtedness for borrowed money represented by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for borrowed money borrowed (loans, and such notes, bonds, debentures or other similar evidences of indebtedness for borrowed money borrowed being hereinafter in this Section 1004 Article called "“Debt"”), secured after the date hereof by pledge of, or mortgage or lien on, a Mortgage on any Principal Property of the Guarantor or any Restricted Subsidiary Domestic Property, or any shares of Capital Stock of stock or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages")Domestic Subsidiary, without effectively providing or causing its Domestic Subsidiary to provide that the Securities, other than Outstanding Securities of a series not entitled to the benefits of this covenant (together with, if the Guarantor shall so determine, any other Debt of the Guarantor or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Guarantor, or prior to) such secured DebtDebt (for the purpose of providing such equal and ratable security, the principal amount of Outstanding Securities of any series of Original Issue Discount Securities shall be such portion of the principal amount as may be specified in the terms of that series that would be payable upon acceleration of the Maturity thereof at the time of such determination), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate amount of all such secured Debt plus all Attributable Debt in respect of Sale and Leaseback Transactions involving Principal Domestic Properties (other than Sale and Leaseback Transactions permitted pursuant to clause (2) of Section 10.7) would not exceed 1015% of Consolidated Net Assets; provided, however, that this Section 1004 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 1004Section, Debt secured by:

Restrictions on Secured Debt. The Guarantor Company covenants and agrees for the benefit of each series of Securities, other than any series established by or pursuant to a Board Resolution, Officer's Certificate Resolution or in one or more supplemental indentures hereto which specifically provides otherwise, that it will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume, or guarantee any loans, whether or not evidenced by negotiable instruments or securities, or any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (loans, and notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 1004 called "Debt"), secured after the date hereof by a pledge of, or mortgage or lien on, any Principal Property of the Guarantor Company or any Restricted Subsidiary or any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter in this Section 1004 called "Mortgage" or "Mortgages"), without effectively providing that the Securities, other than Securities of a series not entitled to the benefits of this covenant (together withcovenant, if the Guarantor shall so determine, any other Debt of the Guarantor or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or, at the option of the GuarantorCompany, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt (plus the amount of all Attributable Debt not otherwise permitted by the second paragraph of Section 1007) would not exceed 10% of Consolidated Net Assets; provided, however, that this Section 1004 1006 shall not apply to, and there shall be excluded from secured Debt in any computation under this Section 10041006, Debt secured by: