Common use of Restrictions on Secured Debt Clause in Contracts

Restrictions on Secured Debt. If the Company shall incur, issue, assume or guarantee any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Property or any capital stock or indebtedness held directly by the Company of any Subsidiary of the Company, the Company shall secure the Series D Senior Notes equally and ratably with (or prior to) such indebtedness, so long as such indebtedness shall be so secured, unless after giving effect thereto the aggregate amount of all such indebtedness so secured, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Properties, would not exceed 15% of the Consolidated Net Assets of the Company. The foregoing restriction shall not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such restriction, indebtedness secured by (a) property of any Subsidiary of the Company, (b) liens on property of, or on any shares of stock or debt of, any corporation existing at the time such corporation becomes a Subsidiary, (c) liens in favor of the Company or any Subsidiary, (d) liens in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, (e) liens on property, shares of stock or debt existing at the time of acquisition thereof (including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 days of the time of acquisition thereof, (f) liens existing on the first date on which any Series D Senior Note is authenticated by the Trustee, (g) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens incurred in connection with pollution control, industrial revenue or similar financings, and (i) any extension, renewal or replacement of any debt secured by any liens referred to in the foregoing clauses (a) through (h), inclusive.

Restrictions on Secured Debt. (a) If the Company shall incur, issue, assume or guarantee any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Property or any capital stock or indebtedness held directly by the Company of any Subsidiary of the Company, the Company shall secure the Series D Senior each series of Notes equally and ratably with (or prior to) such indebtedness, so long as such indebtedness shall be so secured, unless after giving effect thereto the aggregate amount of all such indebtedness so secured, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Properties, would not exceed 15% of the Consolidated Net Assets of the Company. . (b) The foregoing restriction shall not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such restriction, indebtedness secured by (a) property of any Subsidiary of the Company, (b) liens on property of, or on any shares of stock or debt of, any corporation existing at the time such corporation becomes a Subsidiary, (c) liens in favor of the Company or any Subsidiary, (d) liens in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, (e) liens on property, shares of stock or debt existing at the time of acquisition thereof (including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 days of the time of acquisition thereof, (f) liens existing on the first date on which any Series D Senior Note is authenticated by the Trustee, (g) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens incurred in connection with pollution control, industrial revenue or similar financings, and (i) any extension, renewal or replacement of any debt secured by any liens referred to in the foregoing clauses (a) through (h), inclusive.

Restrictions on Secured Debt. (a) If the Company shall incur, issue, assume or guarantee any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Property or any capital stock or indebtedness held directly by the Company of any Subsidiary of the Company, the Company shall secure the Series D Senior Notes equally and ratably with (or prior to) such indebtedness, so long as such indebtedness shall be so secured, unless after giving effect thereto the aggregate amount of all such indebtedness so secured, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Properties, would not exceed 15% of the Consolidated Net Assets of the Company. . (b) The foregoing restriction shall not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such restriction, indebtedness secured by (a) property of any Subsidiary of the Company, (b) liens on property of, or on any shares of stock or debt of, any corporation existing at the time such corporation becomes a Subsidiary, (c) liens in favor of the Company or any Subsidiary, (d) liens in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, (e) liens on property, shares of stock or debt existing at the time of acquisition thereof (including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 days of the time of acquisition thereof, (f) liens existing on the first date on which any Series D Senior Note is authenticated by the Trustee, (g) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens incurred in connection with pollution control, industrial revenue or similar financings, and (i) any extension, renewal or replacement of any debt secured by any liens referred to in the foregoing clauses (a) through (h), inclusive.

Restrictions on Secured Debt. If the Company shall incur, issue, assume or guarantee any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Property or any capital stock or indebtedness held directly by the Company of any Subsidiary of the Company, the Company shall secure the Series D E Senior Notes equally and ratably with (or prior to) such indebtedness, so long as such indebtedness shall be so secured, unless after giving effect thereto the aggregate amount of all such indebtedness so secured, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Properties, would not exceed 15% of the Consolidated Net Assets of the Company. The foregoing restriction shall not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such restriction, indebtedness secured by (a) property of any Subsidiary of the Company, (b) liens on property of, or on any shares of stock or debt of, any corporation existing at the time such corporation becomes a Subsidiary, (c) liens in favor of the Company or any Subsidiary, (d) liens in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, (e) liens on property, shares of stock or debt existing at the time of acquisition thereof (including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 days of the time of acquisition thereof, (f) liens existing on the first date on which any Series D E Senior Note is authenticated by the Trustee, (g) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens incurred in connection with pollution control, industrial revenue or similar financings, and (i) any extension, renewal or replacement of any debt secured by any liens referred to in the foregoing clauses (a) through (h), inclusive.

Restrictions on Secured Debt. If In the event the Company shall incuror any Domestic Subsidiary incurs, issueissues, assume assumes or guarantee guarantees any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Domestic Property or on any capital shares of stock or indebtedness held directly by the Company debt of any Subsidiary of the CompanyDomestic Subsidiary, the Company shall secure will secure, or cause such Domestic Subsidiary to secure, the Series D Senior Notes Securities equally and ratably with (with, or prior to) such , that indebtedness, so long as such that indebtedness shall is to be so secured, unless after giving effect thereto to it the aggregate amount of all such indebtedness so securedsecured indebtedness, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Domestic Properties, would not exceed 15% of the Consolidated Net Assets of the CompanyAssets. The foregoing This restriction shall will not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such this restriction, indebtedness secured by by: (a) property of any Subsidiary of the Company, (b) liens mortgages on property of, or on any shares of stock or debt of, any corporation existing at the time such that corporation becomes a Domestic Subsidiary, ; PROVIDED that such mortgages or liens are not incurred in anticipation of such corporation becoming a Domestic Subsidiary; (cb) liens mortgages in favor of the Company or any Domestic Subsidiary, ; (dc) liens mortgages in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, ; (ed) liens mortgages on property, shares of stock or debt existing at the time of acquisition thereof (acquisition, including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 120 days of the time of acquisition thereof, acquisition; (fe) liens mortgages existing on the first date on which any Series D Senior Note the Security is authenticated by the Trustee, ; (gf) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens mortgages incurred in connection with pollution control, industrial revenue or similar financings, and ; and (ig) any extension, renewal or replacement of any debt secured by any liens mortgage referred to in the foregoing clauses (a) through (h)list, inclusive; PROVIDED that the principal amount of debt secured by such mortgage shall not be increased.

Restrictions on Secured Debt. If the Company shall incur, issue, assume or guarantee any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Property or any capital stock or indebtedness held directly by the Company of any Subsidiary of the Company, the Company shall secure the Series D Senior Notes ROARS equally and ratably with (or prior to) such indebtedness, so long as such indebtedness shall be so secured, unless after giving effect thereto the aggregate amount of all such indebtedness so secured, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Properties, would not exceed 15% of the Consolidated Net Assets of the Company. The foregoing restriction shall not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such restriction, indebtedness secured by (a) property of any Subsidiary of the Company, (b) liens on property of, or on any shares of stock or debt of, any corporation existing at the time such corporation becomes a Subsidiary, (c) liens in favor of the Company or any Subsidiary, (d) liens in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, (e) liens on property, shares of stock or debt existing at the time of acquisition thereof (including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 days of the time of acquisition thereof, (f) liens existing on the first date on which any Series D Senior Note is ROARS are authenticated by the Trustee, (g) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens incurred in connection with pollution control, industrial revenue or similar financings, and (i) any extension, renewal or replacement of any debt secured by any liens referred to in the foregoing clauses (a) through (h), inclusive.similar

Restrictions on Secured Debt. If In the event the Company shall incuror any Domestic Subsidiary incurs, issueissues, assume assumes or guarantee guarantees any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Domestic Property or on any capital shares of stock or indebtedness held directly by the Company debt of any Subsidiary of the CompanyDomestic Subsidiary, the Company shall secure will secure, or cause such Domestic Subsidiary to secure, the Series D Senior Notes Securities equally and ratably with (with, or prior to) such , that indebtedness, so long as such that indebtedness shall is to be so secured, unless after giving effect thereto to it the aggregate amount of all such indebtedness so securedsecured indebtedness, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Domestic Properties, would not exceed 15% of the Consolidated Net Assets of the CompanyAssets. The foregoing This restriction shall will not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such this restriction, indebtedness secured by by: (a1) property of any Subsidiary of the Company, (b) liens mortgages on property of, or on any shares of stock or debt of, any corporation existing at the time such that corporation becomes a Domestic Subsidiary, ; provided that such mortgages or liens are not incurred in anticipation of such corporation becoming a Domestic Subsidiary; (c2) liens mortgages in favor of the Company or any Domestic Subsidiary, ; (d3) liens mortgages in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, ; (e4) liens mortgages on property, shares of stock or debt existing at the time of acquisition thereof (acquisition, including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 120 days of the time of acquisition thereof, acquisition; (f5) liens mortgages existing on the first date on which any Series D Senior Note the Security is authenticated by the Trustee, ; (g6) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens mortgages incurred in connection with pollution control, industrial revenue or similar financings, and ; and (i7) any extension, renewal or replacement of any debt secured by any liens mortgage referred to in the foregoing clauses (a) through (h)list, inclusive; provided that the principal amount of debt secured by such mortgage shall not be increased.

Restrictions on Secured Debt. If In the event the Company shall incuror any Domestic Subsidiary incurs, issueissues, assume assumes or guarantee guarantees any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Domestic Property or on any capital shares of stock or indebtedness held directly by the Company debt of any Subsidiary of the CompanyDomestic Subsidiary, the Company shall secure will secure, or cause such Domestic Subsidiary to secure, the Series D Senior Notes Securities equally and ratably with (with, or prior to) such , that indebtedness, so long as such that indebtedness shall is to be so secured, unless after giving effect thereto to it the aggregate amount of all such indebtedness so securedsecured indebtedness, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Domestic Properties, would not exceed 15% of the Consolidated Net Assets of the CompanyAssets. The foregoing This restriction shall will not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such this restriction, indebtedness secured by by: (a) property of any Subsidiary of the Company, (b) liens mortgages on property of, or on any shares of stock or debt of, any corporation existing at the time such that corporation becomes a Domestic Subsidiary, ; provided that such mortgages or liens are not incurred in anticipation of such corporation becoming a Domestic Subsidiary; (cb) liens mortgages in favor of the Company or any Domestic Subsidiary, ; (dc) liens mortgages in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, ; (ed) liens mortgages on property, shares of stock or debt existing at the time of acquisition thereof (acquisition, including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 120 days of the time of acquisition thereof, acquisition; (fe) liens mortgages existing on the first date on which any Series D Senior Note the Security is authenticated by the Trustee, ; (gf) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens mortgages incurred in connection with pollution control, industrial revenue or similar financings, and ; and (ig) any extension, renewal or replacement of any debt secured by any liens mortgage referred to in the foregoing clauses (a) through (h)list, inclusive; provided that the principal amount of debt secured by such mortgage shall not be increased.

Restrictions on Secured Debt. If the Company shall incur, issue, assume or guarantee any indebtedness for borrowed money represented by notes, bonds, debentures or other similar evidences of indebtedness, secured by a mortgage, pledge or other lien on any Principal Property or any capital stock or indebtedness held directly by the Company of any Subsidiary of the CompanyDomestic Property, the Company shall secure the Series D A Senior Notes equally and ratably with (or prior to) such indebtedness, so long as such indebtedness shall be so secured, unless after giving effect thereto the aggregate amount of all such indebtedness so secured, together with all Attributable Debt in respect of sale and leaseback transactions involving Principal Domestic Properties, would not exceed 15% of the Consolidated Net Assets of the Company. The foregoing restriction shall not apply to, and there shall be excluded in computing secured indebtedness for the purpose of such restriction, indebtedness secured by (a) property of, or on any shares of stock or debt of, any Subsidiary of the Company, (b) liens mortgages on property of, or on any shares of stock or debt of, any corporation existing at the time such corporation becomes a Subsidiary, (c) liens mortgages in favor of the Company or any Subsidiary, (d) liens mortgages in favor of U.S. or foreign governmental bodies to secure partial, progress, advance or other payments, (e) liens mortgages on property, shares of stock or debt existing at the time of acquisition thereof (including acquisition through merger or consolidation), purchase money mortgages and construction cost mortgages existing at or incurred within 180 days of the time of acquisition thereof, (f) liens mortgages existing on the first date on which any a Series D A Senior Note is authenticated by the Trustee, (g) liens under one or more credit facilities for indebtedness in an aggregate principal amount not to exceed $900,000,000 at any time outstanding, (h) liens mortgages incurred in connection with pollution control, industrial revenue or similar financings, and (ih) any extension, renewal or replacement of any debt secured by any liens mortgage referred to in the foregoing clauses (a) through (hg), inclusive.