This restriction will not apply to, and there will be excluded from Secured Debt in any
computation under this restriction and under Limitation on Sale/Leaseback Transactions below, Indebtedness, secured by:
(1)
Liens on property, shares of capital stock or Indebtedness of any corporation existing at the time such corporation becomes a Subsidiary;
(2) Liens on property, shares of capital stock or Indebtedness existing at the time of acquisition thereof or incurred within 360 days of the
time of acquisition thereof (including, without limitation, acquisition through merger or consolidation) by us or any Restricted Subsidiary;
(3) Liens on property, shares of capital stock or Indebtedness thereafter acquired (or constructed) by us or any Restricted Subsidiary and
created prior to, at the time of, or within 360 days (or thereafter if such Lien is created pursuant to a binding commitment entered into prior to, at the time of or within 360 days) after such acquisition (including, without limitation, acquisition
through merger or consolidation) (or the completion of such construction or commencement of commercial operation of such property, whichever is later) to secure or provide for the payment of all or any part of the purchase price (or the construction
price) thereof;
(4) Liens in favor of us or any Restricted Subsidiary;
(5) Liens in favor of the United States of America, any State thereof or the District of Columbia or any foreign government, or any agency,
department or other instrumentality thereof, to secure partial, progress, advance or other payments pursuant to any contract or provisions of any statute;
(6) Liens incurred or assumed in connection with the issuance of revenue bonds the interest on which is exempt from federal income taxation
pursuant to Section 103 (b) of the Internal Revenue Code;
(7) Liens securing the performance of any contract or undertaking not
directly or indirectly in connection with the borrowing of money, the obtaining of advances or credit or the securing of Indebtedness, if made and continuing in the ordinary course of business;
(8) Liens incurred (no matter when created) in connection with our or a Restricted Subsidiarys engaging in leveraged or single investor
lease transactions; provided, however, that the instrument creating or evidencing any borrowings secured by such Lien will provide that such borrowings are payable solely out of the income and proceeds of the property subject to such Lien and
are not a general obligation of ours or of such Restricted Subsidiary;
(9) Liens in favor of a governmental agency to qualify us or any
Restricted Subsidiary to do business, maintain self-insurance or obtain other benefits, or Liens under workers compensation laws, unemployment insurance laws or similar legislation;
(10) Good faith deposits in connection with bids, tenders, contracts or deposits to secure our or any Restricted Subsidiarys public or
statutory obligations, or deposits of cash or obligations of the United States of America to secure surety and appeal bonds to which we or any Restricted Subsidiary are a party or in lieu of such bonds, or pledges or deposits for similar purposes in
the ordinary course of business;
(11) Liens imposed by law, such as laborers or other employees, carriers,
warehousemens, mechanics, materialmens and vendors Liens;
(12) Liens arising out of judgments or awards against
us or any Restricted Subsidiary with respect to which we or such Restricted Subsidiary at the time shall be prosecuting an appeal or proceedings for review or Liens arising out of individual final judgments or awards in amounts of less than
$1,000,000; provided that the aggregate amount of all such individual final judgments or awards shall not at any one time exceed $1,000,000;
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