Common use of Accommodation Obligations Clause in Contracts

Accommodation Obligations. The Borrower shall not, and shall not permit ATSC or any Restricted Subsidiary to, create or become or be liable, directly or indirectly, with respect to any Accommodation Obligation except: (a) guaranties resulting from endorsement of negotiable instruments for collection in the ordinary course of business; (b) obligations, warranties and indemnities, not relating to Indebtedness of any Person, which have been or are undertaken or made in the ordinary course of business and not for the benefit or in favor of an Affiliate of the Borrower or such Subsidiary; (c) obligations in respect of any Receivables Transaction; (d) guaranties of obligations of the Borrower or Subsidiaries of the Borrower in connection with the Distribution Center Financing or the leasing or financing of materials handling equipment, computer equipment, furniture and fixtures in the ordinary course of business; (e) Accommodation Obligations arising in connection with the Borrower's agreement to provide the CAT Joint Venture with one or more Letters of Credit issued for the benefit of the CAT Joint Venture pursuant to the CAT Joint Venture Agreement to the extent permitted by Section 8.03(i) and similar arrangements for the benefit of other joint ventures; and (f) with respect to ATSC, Accommodation Obligations arising in connection with the ATSC Guaranty or Accommodation Obligations for Indebtedness of the Borrower or its wholly-owned Restricted Subsidiaries permitted to be incurred under Section 8.01.

Accommodation Obligations. The Borrower Neither the Company nor any ------------------------- of its Subsidi aries shall not, and shall not permit ATSC directly or any Restricted Subsidiary to, indirectly create or become or be liable, directly or indirectly, liable with respect to any Accommodation Obligation except: (ai) guaranties resulting from the endorsement of negotiable instruments for collection in the ordinary course of business; (bii) any guaranty of the Obligations by the Company or by any Subsidiary of the Company; (iii) any guaranty by the Company of the obligations of any Subsidiary of the Company; (iv) obligations, warranties and indemnities, not relating to Indebtedness of any PersonPerson (other than customary obligations, warranties and indemnities under the documents evidencing Indebtedness permitted under Section 7.01), which have been or are undertaken or made in by the ordinary course of business Company and its Subsidiaries and not for the benefit or in favor of an Affiliate of the Borrower or such Subsidiaryotherwise prohibited by this Agreement; (cv) obligations Permitted Existing Accommodation Obligations and extensions and renewals thereof, and substitutions therefor in the same or a lesser amount and in respect of any Receivables Transaction;the same transaction; and (dvi) guaranties of obligations of the Borrower Accommodation Obligations arising under or Subsidiaries of the Borrower in connection with the Distribution Center Financing or the leasing or financing of materials handling equipmentTransaction Documents and, computer equipment, furniture and fixtures in the ordinary course of business; (e) Accommodation Obligations arising in connection with the Borrower's agreement to provide the CAT Joint Venture with one or more Letters of Credit issued for the benefit case of the CAT Joint Venture pursuant to Company, the CAT Joint Venture Agreement to the extent permitted by Section 8.03(i) and similar arrangements for the benefit of Contingent Note Indenture (other joint ventures; and (f) with than in respect to ATSC, Accommodation Obligations arising in connection with the ATSC Guaranty or Accommodation Obligations for Indebtedness of the Borrower or its wholly-owned Restricted Subsidiaries permitted to be incurred under Section 8.01Indebtedness evidenced by the Contingent Notes).