Mondelez 2013 Annual Report Download - page 174

case in violation of the FCPA, (b) for the purpose of funding payments in violation of other applicable Anti-Corruption Laws, (c) for the
purpose of financing the activities of any Sanctioned Person in violation of applicable Anti-Corruption Laws or Sanctions or (d) in any
manner that would result in the violation of applicable Sanctions by any party hereto.
SECTION 5.02 Negative Covenants . So long as any Advance shall remain unpaid or any Lender shall have any Commitment
hereunder, Mondelēz will not:
(a) Liens, Etc . Create or suffer to exist, or permit any Major Subsidiary to create or suffer to exist, any lien, security interest or other
charge or encumbrance (other than operating leases and licensed intellectual property), or any other type of preferential arrangement (“
Liens ”), upon or with respect to any of its properties, whether now owned or hereafter acquired, or assign, or permit any Major Subsidiary
to assign, any right to receive income, in each case to secure or provide for the payment of any Debt of any Person, other than:
(i) Liens upon or in property acquired or held by it or any Major Subsidiary in the ordinary course of business to secure the
purchase price of such property or to secure indebtedness incurred solely for the purpose of financing the acquisition of such
property;
(ii) Liens existing on property at the time of its acquisition (other than any such lien or security interest created in
contemplation of such acquisition);
(iii) Liens existing on the date hereof securing Debt;
(iv) Liens on property financed through the issuance of industrial revenue bonds in favor of the holders of such bonds or any
agent or trustee therefor;
(v) Liens existing on property of any Person acquired by Mondelēz or any Major Subsidiary;
(vi) Liens securing Debt in an aggregate amount not in excess of 15% of Consolidated Tangible Assets;
(vii) Liens upon or with respect to Margin Stock;
(viii) Liens in favor of Mondelēz or any Major Subsidiary;
(ix) precautionary Liens provided by Mondelēz or any Major Subsidiary in connection with the sale, assignment, transfer or
other disposition of assets by Mondelēz or such Major Subsidiary which transaction is determined by the Board of Directors of
Mondelēz or such Major Subsidiary to constitute a “sale” under accounting principles generally accepted in the United States; and
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