Kodak 2011 Annual Report Download - page 230

Liens on assets of Subsidiaries organized under the laws of any jurisdiction outside of the United States or Canada (vii) which secure Debt permitted under
Section 5.02(d)(viii) or (viii) which are incurred to permit such Subsidiaries to preserve their rights in any judicial, quasi-judicial, governmental agency or
similar proceeding and which in the case of this clause (viii) do not constitute an Event of Default under Section 6.02(f) ,
(ix) the replacement, extension or renewal of any Lien permitted by clause (iii) above in connection with a Permitted
Refinancing of the Debt secured thereby, in each case upon or in the same property theretofore subject thereto,
(x) Liens on assets of Subsidiaries that are not Loan Parties securing Debt incurred pursuant to Section 5.02(d)(ix) , in an
aggregate amount not to exceed $10,000,000 at any time outstanding,
(xi) Liens on up to $1,500,000 of cash collateral securing the obligations of the Company and its Subsidiaries under the
Existing Secured Agreements set forth on Part 1 of Schedule 1.01(a),
(xii) Liens in respect of judgments that do not constitute an Event of Default under Section 6.02(f) ,
(xiii) Liens on assets of the Company and its Subsidiaries not constituting Collateral which secure Debt permitted under
Section 5.02(d)(xvii) ,
(xiv) Liens granted to provide adequate protection pursuant to the Interim Order or the Final Order,
(xv) Liens over any assets of any Subsidiary that is not a Loan Party to the extent required to provide collateral in respect of
any appeal of any tax litigation in an aggregate amount not to exceed the amount required to be paid under local law to permit such appeal, and
(xvi) additional Liens not to exceed $5,000,000 at any time outstanding.
(b) Mergers . Merge, amalgamate or consolidate with or into any Person, or permit any of its Subsidiaries to do so, provided that,
notwithstanding the foregoing (i) any Subsidiary may merge, amalgamate or consolidate with or into the Company or any other Subsidiary of the Company
( provided that if any such Person is a Loan Party, the surviving or continuing entity shall be a Loan Party and the security interests granted by such
surviving or continuing entity that is a Loan Party pursuant to the Orders and the Collateral Documents shall remain in full force and effect), (ii) any
Subsidiary of the Company that is a Loan Party may merge, amalgamate or consolidate with or into the Company or any other Loan Party ( provided that
the security interests granted by the Company or such other Loan Party pursuant to the Orders and the Collateral Documents shall remain in full force and
effect), (iii) any Subsidiary of the Company that is not a Loan Party may merge, amalgamate or consolidate with or into the Company or any other
Subsidiary of the Company, (iv)
any Subsidiary may merge, amalgamate or consolidate with any other Person so long as such Subsidiary is the surviving or
continuing corporation ( provided that if any such Person is a Loan Party, the surviving or continuing entity shall be a Loan Party and the security interests
granted by such surviving or continuing entity pursuant to the Orders and the Collateral Documents shall remain in full force and effect), (v) the Company
may merge, amalgamate or consolidate with any other Person so long as the Company is the surviving corporation and the security interests granted by the
Company pursuant to the Orders and the Collateral Documents shall remain in full force and effect), and (vi) any Subsidiary may merge, amalgamate or
consolidate with any other Person the purpose of which is to effect a disposition permitted pursuant to Section 5.02(e)(vi) ; provided ,
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