Common use of Restrictions on Secured Debt Clause in Contracts

Restrictions on Secured Debt. (a) If the Company or any Restricted Subsidiary shall after the date of the Indenture 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 (hereinafter, “Debt”) secured by pledge of, or mortgage or lien on, any Principal Property of the Company or any Restricted Subsidiary, or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company shall secure or cause such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) equally and ratably with (or, at the Company’s option, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture 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 borrowed money borrowed (hereinafter, hereinafter called “Debtindebtedness”) secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter called “mortgage”) of or upon any Principal Property or on any capital stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, capital stock or indebtedness is now owned or hereafter acquired) without in any such case ensuring that the Securities (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary and then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause be secured by such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) mortgage equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long as such secured Debt indebtedness shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or shall not, nor shall it permit any of its Restricted Subsidiary shall after the date of the Indenture Subsidiaries 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 borrowed money borrowed (hereinafter, hereinafter referred to as “Debtindebtedness”) secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter referred to as “mortgage”) of or upon any Principal Property or on any shares of capital stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, shares of capital stock or indebtedness is owned at the date hereof or acquired after the date hereof) without in any such case making or causing to be made effective provision (and the Company covenants that in any such case it shall make or cause to be made effective provision) whereby the Notes (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) be secured equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long until such time as such secured Debt indebtedness shall no longer be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture 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 borrowed money borrowed (hereinafter, hereinafter called “Debtindebtedness”) secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter called “mortgage”) on or upon any Principal Property or on any capital stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, capital stock or indebtedness is now owned or hereafter acquired) without in any such case ensuring that the Securities (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary and then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause be secured by such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) mortgage equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long as such secured Debt indebtedness shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture 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 borrowed money borrowed (hereinafter, hereinafter called “Debtindebtedness”) secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter called “mortgage”) of or upon any Principal Property or on any shares of capital stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, shares of capital stock or indebtedness is now owned or hereafter acquired) without in any such case making or causing to be made effective provision (and the Company covenants that in any such case it shall make or cause to be made effective provision) whereby the Securities (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary and then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) be secured equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long as such secured Debt indebtedness shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture 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 borrowed money borrowed (hereinafter, hereinafter called “Debtindebtedness”) secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter called “mortgage”) on or upon any Principal Property or on any capital stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, capital stock or indebtedness is now owned or hereafter acquired) that owns any Principal Property, whether owned as of the date hereof or acquired after the date hereof, without in any such case ensuring that the Notes (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary and then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause be secured by such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) mortgage equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long as such secured Debt indebtedness shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the Company or any Restricted Subsidiary shall after the date of the Indenture 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 (hereinafter, “Debt”) secured by pledge of, or mortgage or lien on, any Principal Property of the Company or any Restricted Subsidiary, or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company shall secure or cause such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) equally and ratably with (or, at the Company’s option, prior to) such secured Debt, so long as such secured Debt shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture 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 borrowed money borrowed (hereinafter, hereinafter called “Debtindebtedness”) secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter called “mortgage”) of or upon any Principal Property or on any capital stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, capital stock or indebtedness is now owned or hereafter acquired) without in any such case ensuring that the Notes (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary and then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause be secured by such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) mortgage equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long as such secured Debt indebtedness shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.

Restrictions on Secured Debt. (a) If the The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture incurto, 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 debt for money borrowed (hereinafterhereinafter in this Article Ten referred to as "Debt"), “Debt”) secured by pledge ofa mortgage, security interest, pledge, lien or mortgage other encumbrance (mortgages, security interests, pledges, liens and other encumbrances being hereinafter called "lien" or lien on, "liens") upon any Principal Property of the Company or any Restricted Subsidiary, or on upon any shares of Capital Stock of stock or Debt indebtedness of any Restricted Subsidiary (mortgageswhether such Principal Property, pledges and liens being hereinafter called “Mortgages”)shares of stock or indebtedness are now owned or hereafter acquired) without in any such case effectively providing concurrently with the issuance, assumption or guaranty of any such Debt that the Securities (together with, if the Company shall secure so determine, any other indebtedness of or cause guaranty by the Company or such Restricted Subsidiary to secure ranking equally with the 2020 Notes (Securities and any other Debt Securities issued under the Indenture to the extent the terms thereof so providethen existing or thereafter created) shall be secured equally and ratably with (orsuch Debt; provided, at however, that the Company’s option, prior to) such foregoing restrictions shall not apply to Debt secured Debt, so long as such secured Debt shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.by:

Restrictions on Secured Debt. (a) If the A. The Company or will not, nor will it permit any Restricted Subsidiary shall after the date of the Indenture 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 borrowed money borrowed (hereinafter, “Debt”hereinafter called "indebtedness") secured by a mortgage, security interest, pledge of, or mortgage or lien on, (hereinafter called "mortgage") of or upon any Principal Property or on any shares of stock or indebtedness of any Restricted Subsidiary (whether such Principal Property, shares of stock or indebtedness is now owned or hereafter acquired) without in any such case making or causing to be made effective provision (and the Company covenants that in any such case it shall make or cause to be made effective provision) whereby the Securities of each series (together with, if the Company shall so determine, any other indebtedness created, incurred, issued, assumed or guaranteed by the Company or any Restricted Subsidiary, Subsidiary and then existing or on any shares of Capital Stock of or Debt of any Restricted Subsidiary (mortgages, pledges and liens being hereinafter called “Mortgages”), the Company thereafter created) shall secure or cause such Restricted Subsidiary to secure the 2020 Notes (and any other Debt Securities issued under the Indenture to the extent the terms thereof so provide) be secured equally and ratably with (or, at the option of the Company’s option, prior to) such secured Debtindebtedness, so long as such secured Debt indebtedness shall be so secured, unless the aggregate amount of all such secured Debt would not exceed 15% of Consolidated Net Assets.