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200806452
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200806452
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Last modified
7/29/2008 3:19:50 PM
Creation date
7/29/2008 3:19:46 PM
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DEEDS
Inst Number
200806452
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<br />200806452 <br /> <br />(k) payment of consolidated taxes pursuant to the Tax Sharing Agreement, <br />and any other tax allocation agreements between the Company and EPC; <br /> <br />(1) receivables owing to the Company, if created or acquired in the ordinary <br />course of business and payable or dischargeable in accordance with customary trade <br />terms; provided, however, that such trade terms may include such concessionary trade <br />terms as the Company deems reasonable under the circumstances; and <br /> <br />(m) other Investments in any Person having an aggregate Fair Market Value <br />(measured on the date each such Investment was made and without giving effect to <br />subsequent changes in value), when taken together with all other Investments made <br />pursuant to this clause (m) that are at the time outstanding not in excess of the Asset <br />Percentage. <br /> <br />"Permitted Liens" shall mean: <br /> <br />(a) Liens securing obligations under sale leaseback transactions permitted by <br />Section 8.14 hereof, covering only the assets subject to such transaction; <br /> <br />(b) Liens in favor of the Company; <br /> <br />(c) Liens for taxes, assessments or governmental charges or claims that are <br />not yet delinquent or that are being contested in good faith by appropriate proceedings <br />promptly instituted and diligently concluded; provided that any reserve or other <br />appropriate provision as is required in conformity with GAAP has been made therefor; <br /> <br />(d) Liens imposed by law, such as carriers', warehousemen's, landlord's and <br />mechanics' liens, in each case, incurred in the ordinary course of business; <br /> <br />(e) survey exceptions, encumbrances, easements or reservations, including <br />those for licenses, rights-of-way, sewers, electric lines, telegraph and telephone lines, <br />mineral reservations and rights and leases, zoning restrictions and other restrictions as to <br />the use of real property that were not incurred in connection with Indebtedness and that <br />(i) are permitted under the terms of this Agreement, the Indenture, Sublease and the <br />Biogas Agreement or (ii) do not in the aggregate materially adversely affect the value of <br />said properties or materially impair their use in the operation of the business of the <br />Company; <br /> <br />(f) financing statements (including precautionary statements) filed in <br />connection with a Capital Lease Obligation or an operating lease, in each case, not <br />prohibited hereunder; provided that no such financing statement extends to, covers or <br />refers to as collateral, any property or assets of a the Company, other than the property or <br />assets which are subject to such Capital Lease Obligation or such operating lease; <br /> <br />(g) Liens arising out of or in connection with any judgment that does not <br />constitute an Event of Default or in connection with any litigation or other legal <br />proceeding as to which an appeal to contest or review is timely commenced in good faith <br />by appropriate proceedings and as to which adequate reserves have been established in <br /> <br />4834-8191-0786.7 <br /> <br />15 <br />
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