Common use of Existing Liens Clause in Contracts

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety (90) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoning, easements and restrictions on the use of real property that do not materially impair the use for such property; (f) Liens granted by a Subsidiary of the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (g) Liens, if any, disclosed in the financial statements referred to in Section 7.5; (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety (90) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoning, easements and restrictions on the use of real property that do not materially impair the use for such property; (f) Liens granted by a Subsidiary of the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (g) Liens, if any, disclosed in the financial statements referred to in Section 7.5;; and (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety (90) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoning, easements and restrictions on the use of real property that do not materially impair the use for such property; (f) Liens granted by a Subsidiary of the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (gf) Liens, if any, disclosed in the financial statements referred to in Section 7.5;; and (hg) Liens listed on Schedule 7.16(h7.16(g) and Liens permitted by Section 10.2; and (ih) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower Subsidiary is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’', warehousemen’s's, mechanics’', materialmen’s's, landlord’s 's and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety thirty (9030) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ ' compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligationslegislation; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoningLiens granted by a Subsidiary of the Company to secure such Subsidiary's Indebtedness to the Company or to any other Subsidiary of the Company so long as such Indebtedness is subordinated to the Obligations and so long as such Liens cover only real property, related real property rights, improvements, fixtures and tangible personal property (other than Collateral); (f) Zoning, easements and restrictions on the use of real property that do not not, in the aggregate, materially impair the use for of such property; (fg) Liens granted by a Subsidiary of in existence on the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (g) Liens, if any, disclosed in the financial statements referred to in Section 7.5;date hereof and listed on Schedule 7.16(g); and (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company Company, the Borrower or any Borrower other Loan Party is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety (90) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoning, easements and restrictions on the use of real property that do not materially impair the use for such property; (f) Liens granted by a Subsidiary of the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (gf) Liens, if any, disclosed in the financial statements referred to in Section 7.55.05; (hg) Liens listed on Schedule 7.16(h5.16(g) and Liens permitted by Section 10.27.02; and (ih) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety (90) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoning, easements and restrictions on the use of real property that do not materially impair the use for such property; (f) Liens granted by a Subsidiary of the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (g) Liens▇▇▇▇▇, if any, disclosed in the financial statements referred to in Section 7.5; (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes taxes, assessments or charges of any Governmental Authority for claims that are not delinquent Material and are not yet due or taxes are being contested in good faith and by appropriate proceedings and as with respect to which such adequate reserves or other appropriate provisions as may be required by GAAP are being maintained; maintained in accordance with of GAAP; (b) statutory Liens of landlords and Liens of carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s bankers and other like statutory or contractual Liens arising imposed by law and created in the ordinary course of business securing obligations which for amounts that are not overdue for a period of more than ninety (90) days Material and are not yet due or which are being contested in good faith and by appropriate proceedings and as with respect to which such adequate reserves or other appropriate provisions as may be required by GAAP are being maintained; maintained in accordance with GAAP; (c) pledges or Liens incurred and deposits made in the ordinary course of business in connection with workers’ ' compensation, unemployment insurance and other types of social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits benefits or to secure the performance (including by way of surety bonds or appeal bonds) of tenders, bids, trade leases, contracts, statutory obligationsobligations or similar obligations or arising as a result of progress payments under contracts, lease obligations, and other obligations of a like nature incurred in each case in the ordinary course of business and not relating to the repayment of Debt; (d) easements, rights-of-way, covenants, consents, reservations, encroachments, variations and other restrictions, charges or encumbrances (whether or not recorded) that do not Materially interfere with the ordinary conduct of business, and Liens securing reimbursement obligations created by open letters Materially detract from the value of credit for the purchase of inventory; asset to which they attach or Materially impair the use thereof; (e) zoningbuilding restrictions, easements zoning laws and restrictions on the use of real property that do not materially impair the use for such property; other statutes, laws, rules, regulations, ordinances and restrictions; and (f) Liens leases or subleases granted by a Subsidiary in the ordinary course of business to others not Materially interfering with the business of the Company Borrower, PROVIDED that clauses (a), (b) and (c) shall not apply to secure such Subsidiary’s Indebtedness to Environmental Liens, Liens that, under Applicable Law, would have priority over the Company or to any other Subsidiary Lien of the CompanyCollateral Documents or Liens imposed under ERISA; (g) Liens, if any, disclosed in the financial statements referred to in Section 7.5; (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes not delinquent or taxes being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (b) carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s and other like statutory or contractual Liens arising in the ordinary course of business securing obligations which are not overdue for a period of more than ninety (90) days or which are being contested in good faith and by appropriate proceedings and as to which such reserves or other appropriate provisions as may be required by GAAP are being maintained; (c) pledges or deposits in connection with workers’ compensation, unemployment insurance and other social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits to secure the performance of bids, trade contracts, statutory obligations, lease obligations, and other obligations of a like nature incurred in the ordinary course of business, and Liens securing reimbursement obligations created by open letters of credit for the purchase of inventory; (e) zoning, easements and restrictions on the use of real property that do not materially impair the use for such property; (f) Liens granted by a Subsidiary of the Company to secure such Subsidiary’s Indebtedness to the Company or to any other Subsidiary of the Company; (g) Liens, if anyi▇ ▇▇▇, disclosed in the financial statements referred to in Section 7.5; (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.

Existing Liens. None of the assets of the Company or any Borrower is subject to any Lien, except: (a) Liens for current taxes taxes, assessments or charges of any Governmental Authority for claims that are not delinquent Material and are not yet due or taxes being contested in good faith and by appropriate proceedings and as with respect to which such adequate reserves or other appropriate provisions as may be required by GAAP are being maintained; maintained in accordance with of GAAP; (b) statutory Liens of landlords and Liens of carriers’, warehousemen’s, mechanics’, materialmen’s, landlord’s bankers and other like statutory or contractual Liens arising imposed by law and created in the ordinary course of business securing obligations which for amounts that are not overdue for a period of more than ninety (90) days Material and are not yet due or which are being contested in good faith and by appropriate proceedings and as with respect to which such adequate reserves or other appropriate provisions as may be required by GAAP are being maintained; maintained in accordance with GAAP; (c) pledges or Liens incurred and deposits made in the ordinary course of business in connection with workers’ ' compensation, unemployment insurance and other types of social security legislation and to secure performance of tenders, statutory obligations, surety and appeal bonds and similar obligations; (d) deposits benefits or to secure the performance (including by way of surety bonds or appeal bonds) of tenders, bids, trade leases, contracts, statutory obligationsobligations or similar obligations or arising as a result of progress payments under contracts, lease obligations, and other obligations of a like nature incurred in each case in the ordinary course of business and not relating to the repayment of Debt; (d) easements, rights-of-way, covenants, consents, reservations, encroachments, variations and other restrictions, charges or encumbrances (whether or not recorded) that do not Materially interfere with the ordinary conduct of business, and Liens securing reimbursement obligations created by open letters Materially Credit Agreement 46 56 detract from the value of credit for the purchase of inventory; asset to which they attach or Materially impair the use thereof; (e) zoningbuilding restrictions, easements zoning laws and restrictions on the use of real property that do not materially impair the use for such property; other statutes, laws, rules, regulations, ordinances and restrictions; and (f) leases or subleases granted in the ordinary course of business to others not Materially interfering with the business of, and consistent with past practices of, the Borrower, provided that clauses (a), (b) and (c) shall not apply to Environmental Liens, Liens granted by a Subsidiary that, under Applicable Law, would have priority over the Lien of the Company to secure such Subsidiary’s Indebtedness to the Company Collateral Documents or to any other Subsidiary of the CompanyLiens imposed under ERISA; (g) Liens, if any, disclosed in the financial statements referred to in Section 7.5; (h) Liens listed on Schedule 7.16(h) and Liens permitted by Section 10.2; and (i) Liens arising by virtue of statutory, common law or contractual provisions relating to banker’s liens, rights of set-off or similar rights and remedies and burdening only deposit, brokerage and similar accounts (or funds, securities or other assets maintained therein) with a creditor depository or similar institution.