eTrade 2005 Annual Report Download - page 484

(7) any Investment made as a result of the receipt of non-cash consideration from an Asset Sale that was made pursuant to and in
compliance with Section4.11.
“Permitted Liens”
means:
(1) Liens for taxes, assessments, governmental charges or claims that are being contested in good faith by appropriate legal
proceedings promptly instituted and diligently conducted and for which a reserve or other appropriate provision, if any, as shall be
required in conformity with GAAP shall have been made;
(2) statutory and common law Liens of landlords and carriers, warehousemen, mechanics, suppliers, materialmen, repairmen or other
similar Liens (including a lender’s unexercised rights of set-off) arising in the ordinary course of business and with respect to amounts
not yet delinquent or being contested in good faith by appropriate legal proceedings promptly instituted and diligently conducted and
for which a reserve or other appropriate provision, if any, as shall be required in conformity with GAAP shall have been made;
(3) Liens incurred or deposits made in the ordinary course of business in connection with workers’ compensation, unemployment
insurance and other types of social security;
(4) Liens incurred or deposits made to secure the performance of tenders, bids, leases, statutory or regulatory obligations, bankers’
acceptances, surety and appeal bonds, government contracts, performance and return-of-money bonds and other obligations of a
similar nature incurred in the ordinary course of business (exclusive of obligations for the payment of borrowed money);
(5) easements, rights-of-way, municipal and zoning ordinances and similar charges, encumbrances, title defects or other irregularities
that do not materially interfere with the ordinary course of business of the Company or any of its Restricted Subsidiaries;
(6) leases or subleases granted to others that do not materially interfere with the ordinary course of business of the Company and its
Restricted Subsidiaries, taken as a whole;
(7) Liens encumbering property or assets under construction arising from progress or partial payments by a customer of the Company
or its Restricted Subsidiaries relating to such property or assets;
(8) any interest or title of a lessor in the property subject to any Capitalized Lease or operating lease;
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2006. EDGAR Online, Inc.