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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 />accordance with GAAP; provided that any right to levy, seizure, attachment, <br />sequestration, foreclosure or garnishment of any property and assets of the Company <br />thereof arising out of or in connection with any such Lien has been and continues to be <br />enjoined or effectively stayed; <br /> <br />(h) inchoate statutory Liens arising under ERISA; <br /> <br />(i) Liens (i) on cash and short-term investments (A) deposited by the <br />Company or any of its Subsidiaries in margin accounts with or on behalf of futures <br />contract brokers or paid over to other counterparties or (B) pledged or deposited as <br />collateral to a contract counterparty or issuer of surety bonds by the Company or any of <br />its Subsidiaries, in the case of clause (A) or (B), to secure obligations with respect to <br />(x) contracts for commercial and trading activities in the ordinary course of business and <br />contracts (including without limitation, physical delivery, option (whether cash or <br />financial), exchange, swap and futures contracts) for the purchase, transmission, <br />distribution, sale, lease or hedge of any energy-related commodity or service or <br />(y) interest rate, commodity price, or currency rate management contracts or derivatives <br />and (ii) encumbering assets other than accounts or receivables arising out of contracts or <br />agreements relating to the generation, distribution or transmission of energy; provided <br />that all such agreements or contracts are entered into in the ordinary course of business; <br /> <br />G) Liens arising by virtue of any statutory or common law provision relating <br />to banker's liens, rights of setoff or similar rights, contractual rights of setoff or netting <br />arrangements entered into in the ordinary course of business and similar rights with <br />respect to deposit accounts, commodity accounts and/or securities accounts; <br /> <br />(k) Liens arising under Section 9-333 of the Nebraska Uniform Commercial <br />Code or similar statutes of states other than Nebraska; <br /> <br />(1) pledges and deposits to secure the payment of workers' compensation, <br />unemployment insurance, social security benefits or obligations under similar laws, or to <br />secure the payment or performance of statutory or public obligations (including <br />environmental, municipal and public utility commission obligations and requirements), <br />reimbursement or indemnity obligations arising out of surety, performance, or other <br />similar bonds, and other obligations of a like nature, in each case incurred in the ordinary <br />course of business; <br /> <br />(m) Liens granted by a Person in favor of a commercial trading counterparty <br />pursuant to a netting agreement, which Liens encumber rights under agreements that are <br />subject to such netting agreement and which Liens secure such Person's obligations to <br />such counterparty under such netting agreement; provided, that any such agreements and <br />netting agreements are entered into in the ordinary course of business; and provided, <br />further, that the Liens are incurred in the ordinary course of business and when granted, <br />do not secure obligations which are past due; <br /> <br />(n) Liens on proceeds from the issuance of Bonds and Liens on Indebtedness <br />or any assets of the Company held by a trustee securing the Bonds; <br /> <br />4834-8191-0786.7 <br /> <br />16 <br /> <br />'- <br />
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