Common use of Liens securing Indebtedness of a Person Clause in Contracts

Liens securing Indebtedness of a Person. existing at the time such person becomes a Subsidiary or is merged with or into the Trust or a Subsidiary, provided that such Liens were in existence prior to the date of such acquisition, merger or consolidation, were not incurred in anticipation thereof, and do not extend to any other assets; (k) leases or subleases granted to other persons in the ordinary course of business not materially interfering with the conduct of the business of the Trust or any of its Subsidiaries or materially detracting from the value of the relative assets of the Trust or any Subsidiary; (l) Liens arising from precautionary Uniform Commercial Code financing statement filings regarding operating leases entered into by the Trust or any of its Subsidiaries in the ordinary course of business; (m) Liens to secure payment of a portion of the purchase price of any tangible fixed asset acquired by any Issuer or any Guarantor if the outstanding principal amount of the Indebtedness is secured by any such Lien does not at any time exceed the purchase price paid for such fixed asset, provided that such Lien does not encumber any other asset at any time owned by any Issuer or any Guarantor, and provided, further, that not more than one such Lien shall encumber such fixed asset at any one time; and (n) Liens securing Refinancing Indebtedness incurred to refinance any Indebtedness that was previously so secured in a manner no more adverse to the Holders of the Notes than the terms of the Liens securing such refinanced Indebtedness, provided that the Indebtedness secured is not increased and the lien is not extended to any additional assets or property unless the Notes are equally and ratably secured by such additional assets or the additional assets were acquired after the Issue Date.

Liens securing Indebtedness of a Person. existing at the time such person Person becomes a Subsidiary or is merged with or into the Trust Company or a SubsidiarySubsidiary or Liens securing Indebtedness incurred in connection with an Acquisition, provided that such Liens were in existence prior to the date of such acquisition, merger or consolidationAcquisition, were not incurred in anticipation thereof, and do not extend to any other assets; (j) Liens arising from Purchase Money Indebtedness permitted to be incurred under paragraph (a) of Section 1008 provided such Liens relate solely to the property which is subject to such Purchase Money Indebtedness; (k) leases or subleases granted to other persons Persons in the ordinary course of business not materially interfering with the conduct of the business of the Trust Company or any of its Subsidiaries or materially detracting from the value of the relative assets of the Trust Company or any Subsidiary; (l1) Liens arising from precautionary Uniform Commercial Code financing statement filings regarding operating leases entered into by the Trust Company or any of its Subsidiaries in the ordinary course of business; (m) Liens to secure payment of a portion of the purchase price of any tangible fixed asset acquired by any Issuer or any Guarantor if the outstanding principal amount of the Indebtedness is secured by any such Lien does not at any time exceed the purchase price paid for such fixed asset, provided that such Lien does not encumber any other asset at any time owned by any Issuer or any Guarantor, and provided, further, that not more than one such Lien shall encumber such fixed asset at any one time; and (n) Liens securing Refinancing Indebtedness incurred to refinance any Indebtedness that was previously so secured in a manner no more adverse to accordance with the Holders Indenture; (n) Liens securing Senior Indebtedness of the Notes than Company or Senior Indebtedness of its Subsidiaries incurred in accordance with the terms of the Indenture; (o) Liens securing such refinanced IndebtednessIndebtedness incurred under paragraph (b) of Section 1008; and (p) any interest or title of a lessor under any lease, whether or not characterized as capital or operating, provided that the Indebtedness secured such Liens do not extend to any property or assets which is not increased and the lien is not extended leased property subject to any additional assets or property unless the Notes are equally and ratably secured by such additional assets or the additional assets were acquired after the Issue Datelease.

Liens securing Indebtedness of a Person. existing at the time such person Person becomes a Subsidiary or is merged with or into the Trust Company or a SubsidiarySubsidiary or Liens securing Indebtedness incurred in connection with an Acquisition, provided PROVIDED that such Liens were in existence prior to the date of such acquisition, merger or consolidation, were not incurred in anticipation thereof, and do not extend to any other assets; (j) Liens arising from Purchase Money Indebtedness or securing the obligations under the Revolving Credit Facility, in either case permitted to be incurred pursuant to Section 1011, PROVIDED that Liens arising from such Purchase Money Indebtedness or Indebtedness outstanding under the Revolving Credit Facility relate solely to the property which is subject to such Purchase Money Indebtedness or Indebtedness outstanding under the Revolving Credit Facility; (k) leases or subleases granted to other persons Persons in the ordinary course of business not materially interfering with the conduct of the business of the Trust Company or any of its Subsidiaries or materially detracting from the value of the relative assets of the Trust Company or any Subsidiary; (l) Liens arising from precautionary Uniform Commercial Code financing statement filings regarding operating leases entered into by the Trust Company or any of its Subsidiaries in the ordinary course of business; (m) Liens to secure payment of a portion of the purchase price of any tangible fixed asset acquired by any Issuer or any Guarantor if the outstanding principal amount of the Indebtedness is secured by any such Lien does not at any time exceed the purchase price paid for such fixed asset, provided that such Lien does not encumber any other asset at any time owned by any Issuer or any Guarantor, and provided, further, that not more than one such Lien shall encumber such fixed asset at any one time; and (n) Liens securing Refinancing Indebtedness incurred to refinance any Indebtedness that was previously so secured in a manner no more adverse to the Holders of the Notes than the terms of the Liens securing such refinanced Indebtedness, provided and PROVIDED that the Indebtedness secured is not increased and the lien Lien is not extended to any additional assets or property unless that would not have been security for the Notes are equally and ratably secured by such additional assets Indebtedness refinanced; or (n) other Liens permitted under the additional assets were acquired after the Issue DateSecurity Documents.

Liens securing Indebtedness of a Person. existing at the time such person Person becomes a Subsidiary or is merged with or into the Trust Company or a SubsidiarySubsidiary or Liens securing Indebtedness incurred in connection with an Acquisition, provided that such Liens were in existence prior to the date of such acquisition, merger or consolidation, were not incurred in anticipation thereof, and do not extend to any other assets; (k) Liens arising from Purchase Money Indebtedness permitted to be incurred under clause (a) of the second paragraph of Section 4.11, provided such Liens relate solely to the property which is subject to such Purchase Money Indebtedness; (l) leases or subleases granted to other persons in the ordinary course of business not materially interfering with the conduct of the business of the Trust Company or any of its Subsidiaries or materially detracting from the value of the relative assets of the Trust Company or any such Subsidiary; (lm) Liens arising from precautionary Uniform Commercial Code financing statement filings regarding operating leases entered into by the Trust Company or any of its Subsidiaries in the ordinary course of business; (mn) Liens to secure payment of a portion of the purchase price of any tangible fixed asset acquired by any Issuer or any Guarantor if the outstanding principal amount of the Indebtedness is secured by any such Lien does not at any time exceed the purchase price paid for such fixed asset, provided that such Lien does not encumber any other asset at any time owned by any Issuer or any Guarantor, and provided, further, that not more than one such Lien shall encumber such fixed asset at any one timeincurred in connection with Permitted Non-Recourse Vessel Indebtedness; and (no) Liens securing Refinancing Indebtedness Indebtedness, incurred to refinance any Indebtedness that was previously so secured in a manner no more adverse to the Holders of the Notes than the terms of the Liens securing such refinanced Indebtedness, Indebtedness provided that the Indebtedness secured is not increased and the lien is not extended to any additional assets or property unless the Notes are equally and ratably secured by such additional assets or the additional assets were acquired after the Issue Dateproperty.