Common use of Limitation upon Liens Clause in Contracts

Limitation upon Liens. The Company will not itself, and will not permit any Restricted Subsidiary to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become liable for or suffer to exist any Indebtedness secured by a Lien on (i) any Principal Property of the Company or any Restricted Subsidiary or (ii) any shares of capital stock or Indebtedness of any Restricted Subsidiary (which Indebtedness is then held by the Company or any Restricted Subsidiary), without effectively providing that the Notes (together with, if the Company shall so determine, any other Indebtedness of the Company or such Restricted Subsidiary then existing or thereafter created which is not Subordinated Funded Debt) shall be secured equally and ratably with (or, at the option of the Company, prior to) such secured Indebtedness, so long as such secured Indebtedness shall be so secured, unless immediately thereafter, after giving effect thereto, the aggregate amount of all such secured Indebtedness plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of Sale and Leaseback Transactions (but excluding leases exempt from the prohibition of clauses (2) through (6) of Section 4.23(b) hereof) would not exceed 10% of Net Tangible Assets; provided, however, that this Section 4.23(a) shall not apply to, and there shall be excluded from secured Indebtedness in any computation under this Section 4.23(a), Indebtedness secured by:

Limitation upon Liens. The Company Issuer will not itself, and will not permit any Restricted Subsidiary to, directly or indirectly, create, incur, issue, issue or assume, guarantee any notes, bonds, debentures or otherwise become liable other similar evidences of indebtedness for money borrowed (notes, bonds, debentures or suffer other similar evidences of indebtedness for money borrowed being hereinafter referred to exist any Indebtedness as "Debt"), secured by a Lien any pledge of, or mortgage, lien, encumbrance and security interest on (i) such pledges, mortgages, liens, encumbrances and security interests being hereinafter collectively referred to as "Liens"), any Principal Property of owned by the Company Issuer or any Restricted Subsidiary and the Issuer will not itself and will not permit any Subsidiary to create, incur, issue or (ii) assume any Debt secured by any Lien on any shares of capital stock or Indebtedness Debt of any Restricted Subsidiary (which Indebtedness is then held by the Company or any Restricted Subsidiary), without in any such case effectively providing that the Notes Securities (together with, if the Company Issuer shall so determine, any other Indebtedness Debt of the Company or such Restricted Subsidiary Issuer then existing or thereafter created which is not Subordinated Funded Debtsubordinate to the Securities) shall be secured equally and ratably with (or, at the option of the Company, or prior to) such secured IndebtednessDebt, so long as such secured Indebtedness Debt shall be so secured, unless immediately thereafterunless, after giving effect thereto, the aggregate principal amount of all such secured Indebtedness plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of Sale and Leaseback Transactions (but excluding leases exempt from the prohibition of clauses (2) through (6) of Section 4.23(b) hereof) then outstanding would not exceed 10an amount equal to 20% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section 4.23(a) shall not prevent, restrict or apply to, and there shall be excluded from secured Indebtedness Debt in any computation under this Section 4.23(a)Section, Indebtedness Debt secured by:

Limitation upon Liens. The Company will not itself, and will not permit any Restricted Subsidiary to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become liable for or suffer to exist any Indebtedness secured by a Lien on (i) any Principal Property of the Company or any Restricted Subsidiary or (ii) any shares of capital stock or Indebtedness of any Restricted Subsidiary (which Indebtedness is then held by the Company or any Restricted Subsidiary), without effectively providing that the Notes (together with, if the Company shall so determine, any other Indebtedness of the Company or such Restricted Subsidiary then existing or thereafter created which is not Subordinated Funded Debt) shall be secured equally and ratably with (or, at the option of the Company, prior to) such secured Indebtedness, so long as such secured Indebtedness shall be so secured, unless immediately thereafter, after giving effect thereto, the aggregate amount of all such secured Indebtedness indebtedness plus all Attributable Debt of the Company and its Restricted Subsidiaries in respect of Sale and Leaseback Transactions (but excluding leases exempt from the prohibition of clauses Section 1009 by Clauses (2) through (6) of Section 4.23(b) hereofthereof) would not exceed 10% of Net Tangible Assets; provided, however, that this Section 4.23(a) 1008 shall not apply to, and there shall be excluded from secured Indebtedness in any computation under this Section 4.23(a)1008, Indebtedness secured by:

Limitation upon Liens. The So long as any Notes remain outstanding, the Company will not itself, and will not permit any Restricted Consolidated Subsidiary to, directly or indirectly, create, incur, issue, assume, assume or guarantee or otherwise become liable for or suffer to exist any Indebtedness that is secured by a Lien on (i) upon or with respect to any Principal Property of the Company Property, or any Restricted Subsidiary or (ii) on any shares of capital stock or Indebtedness of any Restricted Consolidated Subsidiary that owns a Principal Property (which Indebtedness unless all obligations and indebtedness thereby secured are held by, and the related Lien is then held by granted to, the Company or any Restricted a Consolidated Subsidiary), ) without effectively providing that the Notes (together with, if the Company shall so determine, any other Indebtedness of the Company or such Restricted Subsidiary then existing or thereafter created which is not Subordinated Funded Debt) shall be secured by such Lien equally and ratably with (or, at the option of the Company, or prior to) any and all other obligations and indebtedness secured by such secured IndebtednessLien, so long as such secured Indebtedness shall be so secured, unless immediately thereafterunless, after giving effect thereto, the aggregate principal amount of all such Indebtedness secured Indebtedness plus by such a Lien of the Company or a Consolidated Subsidiary then outstanding, together with all Attributable Debt of the Company and its Restricted Consolidated Subsidiaries in respect of Sale and Leaseback Transactions (but excluding leases exempt from the prohibition of clauses (2other than Sale and Leaseback Transactions permitted by Section 4.04) through (6) of Section 4.23(b) hereof) then outstanding would not exceed 10an amount equal to 15% of Consolidated Net Tangible Assets; provided, however, that nothing contained in this Section 4.23(a) 4.03 shall not prevent, restrict or apply to, and there shall be excluded from secured Indebtedness in any computation of secured Indebtedness under this Section 4.23(a)4.03, Indebtedness secured bythe following: