Common use of Limitation upon Liens Clause in Contracts

Limitation upon Liens. The Parent will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 called “Debt”), secured by pledge of, or mortgage or other lien (including lease purchase, instalment purchase and other title retention financing arrangements) on or in respect of any Principal Property owned or leased by the Parent or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and other liens being hereinafter in this Section and in Section 3.10 called “Liens”), without effectively providing that the Securities and Guarantee (together with, if the Parent shall so determine, any other Debt of the Parent or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.10) entered into after the date of this Indenture (other than sale and leaseback transactions permitted by Section 3.10(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent So long as any Securities of any series shall have been issued and remain outstanding, unless the terms of any series provide otherwise, the Company will not itself, and will not permit any Restricted Consolidated Subsidiary to, incur, issue, assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed which, in accordance with generally accepted accounting principles in the United States, would be reflected on the balance sheet of the Company or a Consolidated Subsidiary as a liability on the date as of which Indebtedness is determined (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 4.03 and Section 3.10 4.04 called “DebtIndebtedness”), secured by pledge ofa mortgage, or mortgage pledge, security interest or other lien or encumbrance (including lease purchaseany mortgage, instalment purchase pledge, security interest or other lien or encumbrance being hereinafter in this Section 4.03 and other title retention financing arrangementsSection 4.04 called a “Lien”) on upon or in with respect of to any Principal Property owned or leased by the Parent or any Restricted SubsidiaryProperty, or on any shares of capital stock or Debt of any Restricted Consolidated Subsidiary that owns a Principal Property (such pledges, mortgages unless all obligations and other liens being hereinafter in this Section and in Section 3.10 called “Liens”), indebtedness thereby secured are held by the Company or a Consolidated Subsidiary) without effectively providing that the Securities and Guarantee (together with, if the Parent shall so determine, any other Debt of the Parent or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured by such Lien equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal any and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean all other obligations and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 and any other provision hereof), so long as such secured Debt shall be so indebtedness thereby secured, unless, after giving effect thereto, the aggregate principal amount of all such Indebtedness secured Debt by such a Lien of the Company or a Consolidated Subsidiary then outstanding outstanding, plus all outstanding Attributable Debt of the Parent Company and its Restricted Consolidated Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.104.04) entered into after the date of this Indenture the issuance of the series of Securities as to which such determination is being made (other than sale and leaseback transactions permitted by Section 3.10(b)4.04) would not exceed an amount equal to 1015% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section 4.03 shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation of secured Indebtedness under this SectionSection 4.03, Debt secured bythe following:

Limitation upon Liens. The Parent Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume assume, guarantee or guarantee secure any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 1008 called “"Debt”"), secured by any pledge of, or mortgage mortgage, lien, encumbrance or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in Section 801 and in Section 1008 collectively called "Liens"), any Principal Operating Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and owned or held by the Company or any other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Restricted Subsidiary, without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities shall mean the aggregate principal amount of such Securities which are Original Issue Discount Securities shall mean Outstanding and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 502 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 502 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale Sale and leaseback transactions (as defined in Section 3.10) Leaseback Transactions entered into after the date of this Indenture (other than sale Sale and leaseback transactions Leaseback Transactions permitted by Section 3.10(b1008(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent Company will not itself, and --------------------- will not permit any Restricted Wholly-Owned Domestic Manufacturing Subsidiary to, create, incur, issue, issue or assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section, in Section 803 and in Section 3.10 1009 called “"Debt”), ") secured by any pledge of, or mortgage mortgage, lien, encumbrance, or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in Section 803 and in Section 1009 collectively called "Liens"), any Principal Property owned or leased by the Parent Company or any Restricted Wholly-Owned Domestic Manufacturing Subsidiary, and the Company will not itself, and will not permit any Subsidiary to, create, incur, issue or assume any Debt secured by any Lien on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Wholly-Owned Domestic Manufacturing Subsidiary, without in any such case effectively providing that that, the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent or such Restricted Subsidiary Company then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 and any other provision hereof)Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Wholly-Owned Domestic Manufacturing Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.101009) involving Principal Properties entered into after the date of the first issuance by the Company of securities issued pursuant to this Indenture instrument (other than such sale and leaseback transactions as are permitted by Section 3.10(b1009(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. [The Parent Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume assume, guarantee or guarantee secure any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 SECTION 1008 called “Debt”"DEBT"), secured by any pledge of, or mortgage mortgage, lien, encumbrance or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in SECTION 801 and in SECTION 1008 collectively called "LIENS"), any Principal Property property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and owned or held by the Company or any other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Subsidiary, without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities shall mean the aggregate principal amount of such Securities which are Original Issue Discount Securities shall mean Outstanding and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 SECTION 502 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 SECTION 502 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all PLUS Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale Sale and leaseback transactions (as defined in Section 3.10) Leaseback Transactions entered into after the date of this Indenture (other than sale Sale and leaseback transactions Leaseback Transactions permitted by Section 3.10(bSECTION 1008(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; providedPROVIDED, howeverHOWEVER, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 called “"Debt”"), secured by pledge of, or mortgage or other lien (including lease purchase, instalment purchase and other title retention financing arrangements) on or in respect of any Principal Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and other liens being hereinafter in this Section and in Section 3.10 called “"Liens”"), without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 5.1 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 5.1 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.10) entered into after the date of this Indenture (other than sale and leaseback transactions permitted by Section 3.10(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent So long as any Securities of any Series have been issued and remain Outstanding, the Company will not itself, and will not permit any Restricted Subsidiary to, incur, issue, assume or guarantee any indebtedness, whether or not evidenced by notes, bonds, debentures or other similar evidences of indebtedness instruments for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section 3.5 and Section 3.10 3.6 called “"Debt”"), secured by pledge of, or mortgage or other lien (including lease purchase, instalment installment purchase and other title retention financing arrangements) on or in respect of any Principal Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and other liens being hereinafter in this Section 3.5 and in Section 3.10 3.6 called “"Liens”"), without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 5.1 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, adjusted to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 5.1 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.103.6) entered into after the date of the first issuance of any Securities of such Series under this Indenture (other than sale and leaseback transactions permitted by Section 3.10(b3.6(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume assume, guarantee or guarantee secure any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 1008 called “"Debt”"), secured by any pledge of, or mortgage mortgage, lien, encumbrance or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in Section 801 and in Section 1008 collectively called "Liens"), any Principal Operating Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and owned or held by the Company or any other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Restricted Subsidiary, without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities shall mean the aggregate principal amount of such Securities which are Original Issue Discount Securities shall mean Outstanding and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 502 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 502 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale Sale and leaseback transactions (as defined in Section 3.10) Leaseback Transactions entered into after the date of this Indenture (other than sale Sale and leaseback transactions Leaseback Transactions permitted by Section 3.10(b1008(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, -------- ------- restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume assume, guarantee or guarantee secure any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 1009 called “"Debt”"), secured by any pledge of, or mortgage mortgage, lien, encumbrance or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in Section 802 and in Section 1009 collectively called "Liens"), any Principal Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and owned or held by the Company or any other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Restricted Subsidiary, without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean the aggregate principal amount of such Securities that are Outstanding and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 502 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 502 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale Sale and leaseback transactions Leaseback Transactions (as defined in Section 3.101009) entered into after the date of this Indenture (other than sale Sale and leaseback transactions Leaseback Transactions permitted by Section 3.10(b1009(b)) would not exceed an amount equal to 1015% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent Guarantor will not itself, and will not permit any Restricted Wholly-Owned Domestic Manufacturing Subsidiary to, create, incur, issue, issue or assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 called “Debt”), Debt secured by pledge of, or mortgage or other lien (including lease purchase, instalment purchase and other title retention financing arrangements) a Lien on or in respect of any Principal Property owned or leased by the Parent Guarantor or any Restricted Wholly-Owned Domestic Manufacturing Subsidiary, and the Guarantor will not itself, and will not permit any Subsidiary to, create, incur, issue or assume any Debt secured by any Lien on any shares of stock equity interests or Debt of any Restricted Subsidiary (such pledges, mortgages and other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Wholly-Owned Domestic Manufacturing Subsidiary, without in any such case effectively providing that that, the Securities and Guarantee (together with, if the Parent Guarantor shall so determine, any other Debt of the Parent or such Restricted Subsidiary Guarantor then existing or thereafter created which is not subordinate in right of payment to the Securities) shall will be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 and any other provision hereof)Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Guarantor and its Restricted Wholly-Owned Domestic Manufacturing Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.101007) involving Principal Properties entered into after the date the Securities of this Indenture the applicable series are first issued (other than such sale and leaseback transactions as are permitted by Section 3.10(b1007(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible AssetsTotal Assets of the Guarantor; provided, however, that nothing contained in this Section shall 1006 will prevent, restrict or apply to, and there shall will be excluded from secured Debt in any computation under this SectionSection 1006, Debt secured by:

Limitation upon Liens. The Parent Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume assume, guarantee or guarantee secure any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 1009 called “"Debt”"), secured by any pledge of, or mortgage mortgage, lien, encumbrance or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in Section 802 and in Section 1009 collectively called "Liens"), any Principal Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and owned or held by the Company or any other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Restricted Subsidiary, without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 502 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 502 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.101009) entered into after the date of this Indenture (other than sale and leaseback transactions permitted by Section 3.10(b1009(b)) would not exceed an amount equal to 1015% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:

Limitation upon Liens. The Parent Guarantor will not itself, and will not permit any Restricted Wholly-Owned Domestic Manufacturing Subsidiary to, create, incur, issue, issue or assume or guarantee any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 called “Debt”), Debt secured by pledge of, or mortgage or other lien (including lease purchase, instalment purchase and other title retention financing arrangements) a Lien on or in respect of any Principal Property owned or leased by the Parent Guarantor or any Restricted Wholly-Owned Domestic Manufacturing Subsidiary, and the Guarantor will not itself, and will not permit any Subsidiary to, create, incur, issue or assume any Debt secured by any Lien on any shares of stock equity interests or Debt of any Restricted Subsidiary (such pledges, mortgages and other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Wholly-Owned Domestic Manufacturing Subsidiary, without in any such case effectively providing that that, the Securities and Guarantee (together with, if the Parent Guarantor shall so determine, any other Debt of the Parent or such Restricted Subsidiary Guarantor then existing or thereafter created which that is not subordinate in right of payment to the Securities) shall will be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 and any other provision hereof)Debt, so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Guarantor and its Restricted Wholly-Owned Domestic Manufacturing Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.101007) involving Principal Properties entered into after the date the Securities of this Indenture the applicable series are first issued (other than such sale and leaseback transactions as are permitted by Section 3.10(b1007(b)) would not exceed an amount equal to 10% of Consolidated Net Tangible AssetsTotal Assets of the Guarantor; provided, however, that nothing contained in this Section shall 1006 will prevent, restrict or apply to, and there shall will be excluded from secured Debt in any computation under this SectionSection 1006, Debt secured by:

Limitation upon Liens. The Parent Company will not itself, and will not permit any Restricted Subsidiary to, create, incur, issue, assume assume, guarantee or guarantee secure any notes, bonds, debentures or other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or other similar evidences of indebtedness for money borrowed being hereinafter in this Section and Section 3.10 1009 called “"Debt”"), secured by any 44 52 pledge of, or mortgage mortgage, lien, encumbrance or other lien security interest on (including lease purchasesuch pledges, instalment purchase mortgages, liens, encumbrances and other title retention financing arrangements) on or security interests being hereinafter in respect of this Section, in Section 802 and in Section 1009 collectively called "Liens"), any Principal Property owned or leased by the Parent Company or any Restricted Subsidiary, or on any shares of stock or Debt of any Restricted Subsidiary (such pledges, mortgages and owned or held by the Company or any other liens being hereinafter in this Section and in Section 3.10 called “Liens”)Restricted Subsidiary, without effectively providing that the Securities and Guarantee (together with, if the Parent Company shall so determine, any other Debt of the Parent Company or such Restricted Subsidiary then existing or thereafter created which is not subordinate to the Securities) shall be secured equally and ratably with (or prior to) such secured Debt (for the purpose of providing such equal and ratable security, the principal amount of any Securities which are Original Issue Discount Securities shall mean and shall not be less than that principal amount which could be declared to be due and payable pursuant to Section 5.01 502 on the date of the making of such effective provision, and the extent of such equal and ratable security shall be adjusted, to the extent permitted by law, as and when said principal amount changes over time pursuant to Section 5.01 502 and any other provision hereof), so long as such secured Debt shall be so secured, unless, after giving effect thereto, the aggregate principal amount of all such secured Debt then outstanding plus all Attributable Debt of the Parent Company and its Restricted Subsidiaries in respect of sale and leaseback transactions (as defined in Section 3.101009) entered into after the date of this Indenture (other than sale and leaseback transactions permitted by Section 3.10(b1009(b)) would not exceed an amount equal to 1015% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section shall prevent, restrict or apply to, and there shall be excluded from secured Debt in any computation under this Section, Debt secured by:: (a) Liens on any property or assets of the Company or any Restricted Subsidiary existing as of the date of this Indenture; (b) Liens on any property or assets of, or on any shares of stock or Debt of, any corporation existing at the time such corporation becomes a Restricted Subsidiary; (c) Liens on any property or assets or shares of stock or Debt existing at the time of acquisition thereof (including acquisition through merger or consolidation) or securing the payment of all or any part of the purchase price or construction cost thereof or securing any Debt incurred prior to, at the time of or within 120 days after the acquisition of such property or assets or shares of stock or Debt or the completion of any such construction, whichever is later, for the purpose of financing all or any part of the purchase price or construction cost thereof (provided such Liens are limited to such property or assets, improvements thereon and the land upon which such property, assets and improvements are located and any other property or assets not then constituting a Principal Property); (d) Liens on any property or assets to secure all or any part of the cost of exploration, drilling, development, operation, construction, alteration, repair or improvement of all or any part of such property or assets, or to secure Debt incurred prior to, at the time of or within 120 days after the completion of such exploration, drilling, development, operation, construction, alteration, repair or improvement, whichever is later, for the purpose of financing all or any part of such cost (provided such Liens are limited to such property or assets, improvements thereon and the land upon which such property, assets and improvements are located and any other property or assets not then constituting a Principal Property); (e) Liens which secure Debt owing to the Company or another Restricted Subsidiary by a Restricted Subsidiary; (f) Liens arising from the assignment of moneys due and to become due under contracts between the Company or any Restricted Subsidiary and the United States of America, any State, Territory or possession thereof or any agency, department, instrumentality or political subdivision of any thereof; or Liens in favor of the United States of America, any State, Commonwealth, Territory or possession thereof or any agency, department, instrumentality or 45 53 political subdivision of any thereof, pursuant to the provisions of any contract not directly or indirectly in connection with securing Debt; (g) any deposit or pledge as security for the performance of any bid, tender, contract, lease or undertaking not directly or indirectly in connection with the securing of Debt; any deposit or pledge with any governmental agency required or permitted to qualify the Company or any Restricted Subsidiary to conduct business, to maintain self-insurance or to obtain the benefits of any law pertaining to workmen's compensation, unemployment insurance, old age pensions, social security or similar matters, or to obtain any stay or discharge in any legal or administrative proceedings; deposits or pledges to obtain the release of mechanics', workmen's, repairmen's, materialmen's or warehousemen's liens or the release of property in the possession of a common carrier; any security interest created in connection with the sale, discount or guarantee of notes, chattel mortgages, leases, accounts receivable, trade acceptances or other paper, or contingent repurchase obligations, arising out of sales of merchandise in the ordinary course of business; liens permitted by Section 1004; or other deposits or pledges similar to those referred to in this subdivision (g); (h) Liens arising by reason of any judgment, decree or order of any court or other governmental authority, so long as any appropriate legal proceedings which may have been initiated for the review of such judgment, decree or order shall not have been finally terminated or so long as the period within which such proceedings may be initiated shall not have expired; and (i) any extension, renewal, substitution or replacement (or successive extensions, renewals, substitutions or replacements), as a whole or in part, of any of the Liens referred to in subdivisions (a) through (h) above or the Debt secured thereby; provided that (1) such extension, renewal, substitution or replacement Lien shall be limited to all or any part of the same property or assets, shares of stock or Debt that secured the Lien extended, renewed, substituted or replaced (plus improvements on such property and any other property or assets not then constituting a Principal Property) and (2) in the case of subdivisions (a) through (c) above, the Debt secured by such Lien at such time is not increased. Debt created by the Company or any Restricted Subsidiary shall not be cumulated with a guarantee of the same Debt by the Company or any other Restricted Subsidiary for the same financial obligation. For purposes of this Section, the following shall not be deemed to be Liens securing Debt and, accordingly, nothing contained in this Section shall prevent, restrict or apply to: (x) any acquisition by the Company or any Restricted Subsidiary of any property or assets subject to any reservation or exception under the terms of which any vendor, lessor or assignor creates, reserves or excepts or has created, reserved or excepted an interest in oil, gas and/or any other mineral and/or the proceeds thereof, (y) any conveyance or assignment under the terms of which the Company or any Restricted Subsidiary conveys or assigns to any Person or Persons an interest in oil, gas and/or any other mineral and/or the proceeds thereof, or (z) any Lien upon any property or assets owned or leased by the Company or any Restricted Subsidiary or in which the Company or any Restricted Subsidiary owns an interest to secure to the Person or Persons paying the expenses of developing and/or conducting operations for the recovery, storage, transportation and/or sale of the mineral resources of the said property (or property with which it is unitized) the payment to such Person or Persons of the Company's or the Restricted Subsidiary's proportionate part of such development and/or operating expense. SECTION 1009.