Nautilus 2005 Annual Report Download - page 118
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(d) purchase money Liens on fixed assets securing the loans and Capitalized Lease Obligations pursuant to Section 5.8 (b) hereof,
provided that such Lien is limited to the purchase price and only attaches to the property being acquired;
(e) the Liens existing on the Closing Date as set forth in Schedule 5.9 hereto and replacements, extensions, renewals, refundings or
refinancings thereof, but only to the extent that the principal amount of debt secured thereby shall not be increased;
(f) easements, covenants, license agreements, or other minor defects or irregularities in title or possession of real property not interfering
in any material respect with the use of such property in the business of any Company;
(g) Liens on assets of a Company located at a leased facility that have become a fixture to such real property and thus subject to a Lien by
the mortgagor of or grantor of a deed of trust on such real property; or
(h) any Lien granted to Agent, for the benefit of the Lenders.
No Company shall enter into any contract or agreement (other than a contract or agreement entered into in connection with the purchase or
lease of fixed assets that prohibits Liens on such fixed assets) that would prohibit Agent or the Lenders from acquiring a security interest,
mortgage or other Lien on, or a collateral assignment of, any of the property or assets of such Company.
Section 5.10. Regulations T, U and X . No Company shall take any action that would result in any non-compliance of the Loans or
Letters of Credit with Regulations T, U or X, or any other applicable regulation, of the Board of Governors of the Federal Reserve System.
Section 5.11. Investments, Loans and Guaranties . No Company shall (a) create, acquire or hold any Subsidiary, (b) make or hold any
investment in any stocks, bonds or securities of any kind, (c) be or become a party to any joint venture or other partnership, (d) make or keep
outstanding any advance or loan to any Person, or (e) be or become a Guarantor of any kind (other than a Guarantor of Payment under the Loan
Documents); provided that this Section 5.11 shall not apply to the following:
(i) any endorsement of a check or other medium of payment for deposit or collection through normal banking channels or similar
transaction in the normal course of business;
(ii) any investment in direct obligations of the United States of America or in certificates of deposit issued by a member bank
(having capital resources in excess of One Hundred Million Dollars ($100,000,000)) of the Federal Reserve System;
(iii) any investment made in accordance with the Borrower Investment Policy;
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