Kodak 2011 Annual Report Download - page 232

Debt which exists or may exist under the Secured Agreements in existence from time to time,
(xi) Debt which exists or may exist under the Existing Secured Agreements in existence from time to time; provided
that such
Debt shall not be secured by any Lien other than a Lien permitted under Section 5.02(a)(xi) ,
(xii) unsecured Debt consisting of guarantees of amounts owing by customers of the Company under equipment and vendor
financing programs in an aggregate amount not to exceed $25,000,000 at any time outstanding,
(xiii) unsecured Debt in connection with surety bonds, guarantees and letters of credit for customs and excise taxes, value
added taxes, insurance and environmental liabilities, rental expenses, tenders and bids and other obligations of the like incurred in the ordinary
course of business in an aggregate principal amount not to exceed $10,000,000 at any time outstanding,
(xiv) [reserved],
(xv) the Other Existing Letters of Credit, but, with respect to each Other Existing Letter of Credit, only until such time as
such letter of credit expires in accordance with its terms in effect on the Effective Date or is otherwise cancelled or terminated,
(xvi) Guarantees (i) of any Loan Party in respect of Debt of either Borrower or any other Loan Party otherwise permitted
hereunder and (ii) of any Subsidiary that is not a Loan Party in respect of Debt of any other Subsidiary that is not a Loan Party otherwise permitted
hereunder; and
(xvii) additional Debt not to exceed $10,000,000 at any time outstanding.
(e) Sales and Other Transactions. Sell, convey, transfer, lease or otherwise dispose of, or permit any of its Subsidiaries to sell,
convey, transfer, lease or otherwise dispose of, any assets, or grant any option or other right to purchase, lease or otherwise acquire, or permit any of its
Subsidiaries to grant any option or other right to purchase, lease or otherwise acquire, any assets, other than the following, provided that such action
permitted by any clause below shall be permitted under this Section 5.02(e) , notwithstanding that such action would not be permitted by any other clause:
(i) sales of Inventory in the ordinary course of its business and the granting of any option or other right to purchase, lease or
otherwise acquire the Inventory in the ordinary course of its business,
(ii) in a transaction authorized by Section 5.02(b) ,
(iii) sales of obsolete or worn-out property or property no longer used or useful,
(iv) sales, transfers or other dispositions of assets (x) among the US Loan Parties, (y) among the Canadian Loan Parties and
(z) among Subsidiaries of the Company that are not Loan Parties or from such Subsidiaries to Loan Parties,
(v) Investments permitted under Section 5.02(i) ,
(vi) other sales, transfers or other dispositions of assets, provided
, that (A) if such assets (other than machinery or equipment)
constitute Collateral that is included in the Borrowing Base, the Company shall provide a Borrowing Base Certificate to the Agent reflecting the
revised Borrowing Base giving effect to such sale, conveyance, transfer, lease or other disposition, (B) if any such property or assets are comprised
of machinery and equipment, to the extent that the net
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