Common use of Limitation on Secured Debt Clause in Contracts

Limitation on Secured Debt. The Company will not, and will not permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien on any of its or any of its Subsidiaries’ property or assets, whether owned on the date of the Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basis, the aggregate principal amount of all of the Company’s and its Subsidiaries’ outstanding Debt which is secured by a Lien on any of its or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): (1) the Company’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the Parent’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SEC, as the case may be; and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securities.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt, other than Intercompany Debt (includingand guarantees of Debt incurred by Issuer or its Subsidiaries in compliance with this Indenture, without limitation, Acquired Debt) secured by any Lien on mortgage, lien, charge, pledge, encumbrance or security interest of any kind upon any of its Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basisthereof, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt on a consolidated basis which is secured by a Lien any mortgage, lien, charge, pledge, encumbrance or security interest on any of its Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): ) (1) the Company’s and its Subsidiaries’ Total Assets as of the last day end of the then Issuer’s most recently ended completed fiscal quarter covered in prior to the Parent’s annual or quarterly report most recently furnished to Holders incurrence of the Notes or filed with the SEC, as the case may be; such additional Debt and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal calendar quarter, including the those proceeds obtained from in connection with the incurrence of such additional Debt; provided, that for purposes of this limitation, the amount of obligations under capital leases shown as a liability on Issuer’s consolidated balance sheet shall be deducted from Debt and any substantially concurrent offering of other securitiesfrom Total Assets.

Limitation on Secured Debt. The Company Issuer will not, and will not cause or permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien Encumbrance on any property or assets of its the Issuer or any of its Subsidiaries’ property or assets, whether owned on the date of the this Indenture or subsequently thereafter acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt therefrom on a pro forma basis, the aggregate principal amount (determined on a consolidated basis in accordance with GAAP) of all outstanding Debt of the Company’s Issuer and its Subsidiaries’ outstanding Debt Subsidiaries which is secured by a Lien any Encumbrance on any property or assets of the Issuer or any of its or its Subsidiaries’ property or assets Subsidiaries is greater than forty percent (40% %) of the sum of (without duplication): ) (1i) the Company’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the Parent’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SEC, as the case may be; for which financial statements are available and (2ii) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securitiesDebt, determined on a consolidated basis in accordance with GAAP.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (includingincluding (i) guarantees of Debt incurred by the Guarantor and (ii) guarantees of debt of a Subsidiary of the Guarantor that is not a Subsidiary of the Issuer), without limitationother than Intercompany Debt and guarantees of Debt incurred by Issuer or its Subsidiaries in compliance with this Supplemental Indenture, Acquired Debt) secured by any Lien on mortgage, lien, charge, pledge, encumbrance or security interest of any kind upon any of its Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basisthereof, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt on a consolidated basis which is secured by a Lien any mortgage, lien, charge, pledge, encumbrance or security interest on any of its Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): ) (1) the Company’s and its Subsidiaries’ Total Assets as of the last day end of the then Issuer’s most recently ended completed fiscal quarter covered in prior to the Parent’s annual or quarterly report most recently furnished to Holders incurrence of the Notes or filed with the SEC, as the case may be; such additional Debt and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal calendar quarter, including the those proceeds obtained from in connection with the incurrence of such additional Debt; provided, that for purposes of this limitation, the amount of obligations under capital leases shown as a liability on Issuer’s consolidated balance sheet shall be deducted from Debt and any substantially concurrent offering of other securitiesfrom Total Assets.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien on any of its the Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the this First Supplemental Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basis, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt (determined on a consolidated basis in accordance with United States generally accepted accounting principles) which is secured by a Lien on any of its the Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): (1) the CompanyIssuer’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the Parent’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SEC, as the case may bequarter; and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securitiesDebt.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt, other than Intercompany Debt (includingand guarantees of Debt incurred by Issuer or its Subsidiaries in compliance with this Indenture, without limitation, Acquired Debt) secured by any Lien on mortgage, lien, charge, pledge, encumbrance or security interest of any kind upon any of its Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basisthereof, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt on a consolidated basis which is secured by a Lien any mortgage, lien, charge, pledge, encumbrance or security interest on any of its Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): ) (1) the Company’s and its Subsidiaries’ Total Assets as of the last day end of the then Issuer’s most recently ended completed fiscal quarter covered in prior to the Parent’s annual or quarterly report most recently furnished to Holders incurrence of the Notes or filed with the SEC, as the case may be; such additional Debt and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal calendar quarter, including the those proceeds obtained from in connection with the incurrence of such additional Debt; provided, that for purposes of this limitation, the amount of obligations under capital leases shown as a liability on Issuer’s consolidated balance sheet shall be deducted from Debt and any substantially concurrent offering of other securities.from Total Assets. (c)

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt, other than Intercompany Debt (includingand guarantees of Debt incurred by Issuer or its Subsidiaries in compliance with this Indenture, without limitation, Acquired Debt) secured by any Lien on mortgage, lien, charge, pledge, encumbrance or security interest of any kind upon any of its Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basisthereof, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt on a consolidated basis which is secured by a Lien any mortgage, lien, charge, pledge, encumbrance or security interest on any of its Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): ) (1) the Company’s and its Subsidiaries’ Total Assets as of the last day end of the then most recently ended fiscal calendar quarter covered in the ParentIssuer’s annual Annual Report on Form 10-K or quarterly report most recently furnished to Holders of the Notes or filed with the SECQuarterly Report on Form 10-Q, as the case may be; , most recently filed with the Commission (or, if such filing is not permitted under the Exchange Act, with the Trustee) prior to the incurrence of such additional Debt and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal calendar quarter, including the those proceeds obtained from in connection with the incurrence of such additional Debt; provided, that for purposes of this limitation, the amount of obligations under capital leases shown as a liability on Issuer’s consolidated balance sheet shall be deducted from Debt and any substantially concurrent offering of other securitiesfrom Total Assets.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien on any of its the Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the this Third Supplemental Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basis, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt (determined on a consolidated basis in accordance with United States generally accepted accounting principles) which is secured by a Lien on any of its the Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): (1) the CompanyIssuer’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the Parent’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SEC, as the case may bequarter; and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securitiesDebt.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien on any of its the Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the this Fourth Supplemental Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basis, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt (determined on a consolidated basis in accordance with United States generally accepted accounting principles) which is secured by a Lien on any of its the Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): (1) the CompanyIssuer’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the ParentIssuer’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SECCommission, as the case may be; and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securitiesDebt.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien on any of its the Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the this Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basis, the aggregate principal amount (determined on a consolidated basis in accordance with GAAP) of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt which is secured by a Lien on any of its the Issuer’s or any of its Subsidiaries’ property or assets is greater than 40% of the sum of the following (without duplication): (1) the CompanyIssuer’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the Parent’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SEC, as the case may befor which financial statements are available; and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securitiesDebt.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (includingother than Intercompany Debt and guarantees of Debt incurred by Issuer or its Subsidiaries in compliance with this Indenture, without limitation, Acquired Debt) secured by any Lien on mortgage, lien, charge, pledge, encumbrance or security interest of any kind upon any of its Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basisthereof, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt on a consolidated basis which is secured by a Lien any mortgage, lien, charge, pledge, encumbrance or security interest on any of its Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): ) (1) the Company’s and its Subsidiaries’ Total Assets as of the last day end of the then Issuer’s most recently ended completed fiscal quarter covered in prior to the Parent’s annual or quarterly report most recently furnished to Holders incurrence of the Notes or filed with the SEC, as the case may be; such additional Debt and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal calendar quarter, including the those proceeds obtained from in connection with the incurrence of such additional Debt; provided, that for purposes of this limitation, the amount of obligations under capital leases shown as a liability on Issuer’s consolidated balance sheet shall be deducted from Debt and any substantially concurrent offering of other securitiesfrom Total Assets.

Limitation on Secured Debt. The Company Issuer will not, and will not permit any of its Subsidiaries to, incur any Debt (including, without limitation, Acquired Debt) secured by any Lien on any of its the Issuer’s or any of its Subsidiaries’ property or assets, whether owned on the date of the this Second Supplemental Indenture or subsequently acquired, if, immediately after giving effect to the incurrence of such Debt and the application of the proceeds from such Debt on a pro forma basis, the aggregate principal amount of all of the CompanyIssuer’s and its Subsidiaries’ outstanding Debt (determined on a consolidated basis in accordance with United States generally accepted accounting principles) which is secured by a Lien on any of its the Issuer’s or its Subsidiaries’ property or assets is greater than 40% of the sum of (without duplication): (1) the CompanyIssuer’s and its Subsidiaries’ Total Assets as of the last day of the then most recently ended fiscal quarter covered in the Parent’s annual or quarterly report most recently furnished to Holders of the Notes or filed with the SEC, as the case may bequarter; and (2) the aggregate purchase price of any real estate assets or mortgages receivable acquired, and the aggregate amount of any securities offering proceeds received (to the extent such proceeds were not used to acquire real estate assets or mortgages receivable or used to reduce Debt), by the Company Issuer or any of its Subsidiaries since the end of such fiscal quarter, including the proceeds obtained from the incurrence of such additional Debt and any substantially concurrent offering of other securitiesDebt.