|
|
|
delinquent but the validity of which is being contested at the time by us or any Restricted Subsidiary in good faith;
|
(5) liens of, or to secure performance of, leases, other than capital leases;
(6) any lien upon, or deposits of, any assets in favor of any surety company or clerk of court for the purpose of obtaining
indemnity or stay of judicial proceedings;
(7) any lien upon property or assets acquired or sold by us or any Restricted
Subsidiary resulting from the exercise of any rights arising out of defaults on receivables;
(8) any lien incurred in the
ordinary course of business in connection with workmens compensation, unemployment insurance, temporary disability, social security, retiree health or similar laws or regulations or to secure obligations imposed by statute or governmental
regulations;
(9) any lien in favor of us or any Restricted Subsidiary;
(10) any lien in favor of the United States of America or any state thereof, or any department, agency or instrumentality or
political subdivision of the United States of America or any state thereof, to secure partial, progress, advance, or other payments pursuant to any contract or statute, or any debt incurred by us or any Restricted Subsidiary for the purpose of
financing all or any part of the purchase price of, or the cost of constructing, developing, repairing or improving, the property or assets subject to such lien;
(11) any lien securing industrial development, pollution control or similar revenue bonds;
(12) any lien securing debt of us or any Restricted Subsidiary, all or a portion of the net proceeds of which are used,
substantially concurrent with the funding thereof (and for purposes of determining such substantial concurrence, taking into consideration, among other things, required notices to be given to holders of outstanding securities under the
indenture (including the Notes) in connection with such refunding, refinancing or repurchase, and the required corresponding durations thereof), to refinance, refund or repurchase all outstanding securities under the indenture (including the Notes),
including the amount of all accrued interest thereon and reasonable fees and expenses and premium, if any, incurred by us or any Restricted Subsidiary in connection therewith;
(13) liens in favor of any Person to secure obligations under the provisions of any letters of credit, bank guarantees, bonds
or surety obligations required or requested by any governmental authority in connection with any contract or statute;
(14)
any lien upon or deposits of any assets to secure performance of bids, trade contracts, leases or statutory obligations;
(15) any lien or privilege vested in any grantor, lessor or licensor or permittor or for rent or other charges due or for any
other obligations or acts to be performed, the payment of which rent or other charges or performance of which other obligations or acts is required under leases, easements,
rights-of-way,
licenses, franchises, privileges, grants or permits, so long as payment of such rent or the performance of such other obligations or acts is not
delinquent or the requirement for such payment or performance is being contested in good faith by appropriate proceedings;
(16) defects and irregularities in the titles to any property which do not have a Material Adverse Effect;
(17) easements, exceptions or reservations in any property of us or any of our Restricted Subsidiaries granted or reserved for
the purpose of pipelines, roads, the removal of oil, gas, coal or other minerals, and other like purposes for the joint or common use of real property, facilities and equipment, which do not have a Material Adverse Effect;
(18) rights reserved to or vested in any grantor, lessor, licensor, municipality or public authority to control or regulate any
property of us or any of our Restricted Subsidiaries or to use any such property;
provided
, that we or such Restricted Subsidiary shall not be in default in respect of any material obligation (except that we or such Restricted Subsidiary may
be contesting any such obligation in good faith) to such
S-20