Common use of Purchase-Money Security Interests and Equipment Leases Clause in Contracts

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the creation of Liens, Lessee may (a) grant priority purchase money security interests in items of Tangible Personal Property, (b) lease Tangible Personal Property from equipment lessors as long as: (i) the aggregate value of such Tangible Personal Property shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) or (ii) (A) the secured party or equipment lessor enters into an intercreditor agreement with, and satisfactory to, Lessor, pursuant to which, without limiting the foregoing, (1) Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and (2) Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, (B) all of the terms, conditions and provisions of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-collateralized with any other obligation. Security interests granted by Lessee in full compliance with the provisions of this Section 6.1.2 are referred to as "Permitted Prior Security Interests".

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the creation of Liens, but subject to Section 11.3.8, the Lessee may (aA) grant priority purchase money security interests in items of Tangible Personal Property, Property and (bB) lease Tangible Personal Property from equipment lessors lessors, as long as: (i) as in each instance where the aggregate value amount of such Tangible Personal Property shall not purchase money security interests and equipment leases will exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000200,000.00): (I) all of the terms, conditions and provisions of the purchase money security agreements or equipment leases evidencing the financing arrangement are reasonably acceptable to the Lessor; (iiII) promptly after the execution thereof, the Lessee provides to the Lessor true and complete copies, as executed, of all such purchase money security agreements and equipment leases (Aand all amendments thereto); (III) no such purchase money security interest or equipment lease shall be cross-defaulted or cross-collateralized with any other obligation other than a purchase money security interest or equipment lease entered into by the Lessee involving Tangible Personal Property and the same secured party or equipment lessor, as applicable; (IV) the secured party or equipment lessor enters lessors enter into an intercreditor agreement with, and satisfactory to, the Lessor, pursuant to which, without limiting the foregoing, : (1X) the Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and the Lessee; (2Y) the Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, ; and (BZ) all the secured party or equipment lessor is not a member of the terms, conditions and provisions Leasing Group or an Affiliate of any member of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-collateralized with any other obligationLeasing Group. Security interests granted by the Lessee in full compliance with the provisions of this Section 6.1.2 are referred to as "Permitted Prior Security Interests".

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the creation of Liens, Lessee may (a) grant priority purchase money security interests in items of Tangible Personal Property, (b) lease Tangible Personal Property from equipment lessors as long as: (i) the aggregate value of such Tangible Personal Property shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) or (ii) (A) the secured party or equipment lessor enters into an intercreditor agreement with, and satisfactory to, Lessor, pursuant to which, without limiting the foregoing, (1) Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and (2) Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, (B) all of the terms, conditions and provisions of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease 28 and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-cross- collateralized with any other obligation. Security interests granted by Lessee in full compliance with the provisions of this Section 6.1.2 are referred to as "Permitted Prior Security Interests".

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the creation of Liens, but subject to Section 11.3.8, the Lessee may (aA) grant priority purchase money security interests in items of Tangible Personal Property, Property and (bB) lease Tangible Personal Property from equipment lessors lessors, as long as: (i) as in each instance where the aggregate value amount of such Tangible Personal Property shall not purchase money security interests and equipment leases will exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000200,000.00): (I) all of the terms, conditions and provisions of the purchase money security agreements or equipment leases evidencing the financing arrangement are reasonably acceptable to the Lessor; (iiII) promptly after the execution thereof, the Lessee provides to the Lessor true and complete copies, as executed, of all such purchase money security agreements and equipment leases (Aand all amendments thereto); (III) no such purchase money security interest or equipment lease shall be cross-defaulted or cross-collateralized with any other obligation other than a purchase money security interest or equipment lease entered into by the Lessee involving Tangible Personal Property and the same secured party or equipment lessor, as applicable; (IV) the secured party or equipment lessor enters lessors enter into an intercreditor agreement with, and satisfactory to, the Lessor, pursuant to which, without limiting the foregoing, : (1X) the Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and the Lessee; (2Y) the Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, ; and (BZ) all the secured party or equipment lessor is not a member of the terms, conditions and provisions Leasing Group or an Affiliate of any member of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-collateralized with any other obligationLeasing Group. Security interests granted by Lessee in full compliance with the provisions of this Section 6.1.2 are referred to as "Permitted Prior Security Interests".interests

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the creation of Liens, Lessee may (a) grant priority purchase money security interests in items of Tangible Personal Property, (b) lease Tangible Personal Property from equipment lessors as long as: (i) the aggregate value of such Tangible Personal Property shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) or (ii) (A) the secured party or equipment lessor enters into an intercreditor agreement with, and satisfactory to, Lessor, pursuant to which, without limiting the foregoing, (1) Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and (2) Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, (B) all of the terms, conditions and provisions of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-collateralized with any other obligation. Security interests granted by Lessee in full compliance with the provisions of this Section 6.1.2 are referred to as "Permitted Prior Security Interests".. 6.1.3

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the 29 creation of Liens, Lessee may (a) grant priority purchase money security interests in items of Tangible Personal Property, (b) lease Tangible Personal Property from equipment lessors as long as: (i) the aggregate value of such Tangible Personal Property shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) or (ii) (A) the secured party or equipment lessor enters into an intercreditor agreement with, and satisfactory to, Lessor, pursuant to which, without limiting the foregoing, (1) Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and (2) Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, (B) all of the terms, conditions and provisions of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-cross- collateralized with any other obligation. Security interests granted by Lessee in full compliance with the provisions of this Section 6.1.2 are referred to as "Permitted Prior Security Interests".

Purchase-Money Security Interests and Equipment Leases. Notwithstanding any other provision hereof regarding the creation of Liens, Lessee may (a) grant priority purchase money security interests in items of Tangible Personal Property, (b) lease Tangible Personal Property from equipment lessors as long as: (i) the aggregate value of such Tangible Personal Property shall not exceed TWO HUNDRED THOUSAND DOLLARS ($200,000) or (ii) (A) the secured party or equipment lessor enters into an intercreditor agreement with, and satisfactory to, Lessor, pursuant to which, without limiting the foregoing, (1) Lessor shall be afforded the option of curing defaults and the option of succeeding to the rights of Lessee and (2) Lessor's security interest in Tangible Personal Property shall be subordinated to the security interest granted to such secured party, (B) all of the terms, conditions and provisions of the financing, security interest or lease are reasonably acceptable to Lessor, (C) Lessee provides a true and complete copy, as executed, of each such purchase money security agreement, financing document and equipment lease and all amendments thereto and (D) no such security interest, financing agreement or lease is cross-defaulted or cross-cross collateralized with any other obligation. Security interests granted by Lessee in full compliance with the provisions of this Section 6.1.2 6.12 are referred to as "Permitted Prior Security Interests".. 6.1.3