Home » ServiceMagic Annual Reports » 2012 Annual Report - page 327

ServiceMagic 2012 Annual Report Download - page 327

Download and view the complete annual report

Please find page 327 of the 2012 ServiceMagic annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

and set forth in Schedule 6.02; provided that (i) such Lien shall not apply to any other property or asset of the Borrower or

any Restricted Subsidiary and (ii) such Lien shall secure only those obligations which it secures on the Closing Date and

any Refinancing Indebtedness in respect thereof;

Subsidiary or existing on any property or asset of any Person that becomes a Restricted Subsidiary after the Closing Date

prior to the time such Person becomes a Restricted Subsidiary; provided that (i) such Lien is not created in contemplation

of or in connection with such acquisition or such Person becoming a Restricted Subsidiary, as the case may be, (ii) such

Lien shall not apply to any other property or assets of the Borrower or any Restricted Subsidiary and (iii) such Lien shall

secure only those obligations which it secures on the date of such acquisition or the date such Person becomes a Restricted

Subsidiary, as the case may be, and any Refinancing Indebtedness in respect thereof;

(d) Liens securing Indebtedness of the Borrower or any Restricted Subsidiary incurred pursuant to Section 6.01

(c); provided that (i) such Liens are incurred prior to or within 90 days after such acquisition or the completion of such

construction and improvement with the acquisition of such fixed or capital assets, and (ii) such Liens do not at any time

encumber any of its existing property other than the property financed by such Indebtedness;

(e) deposits, reserves and other Liens securing credit card operations of the Borrower and its Restricted

Subsidiaries;

(f) Liens created by the Collateral Documents or otherwise securing the Obligations;

(g) Liens securing Indebtedness permitted pursuant to Section 6.01(b), so long as, in each case, the Obligations

are secured equally and ratably with (or better than) such Liens;

(h) Liens securing Indebtedness permitted pursuant to Section 6.01(e);

(i) Liens securing Guarantees of Indebtedness permitted pursuant to Section 6.01(a), (b) and (e); provided that,

with respect to any such Liens securing Guarantees of Indebtedness permitted pursuant to Section 6.01(b), the Obligations

are secured equally and ratably with (or better than) such Liens;

(j) Liens arising in the ordinary course of business that do not secure Indebtedness and do not interfere with the

material operations of the Borrower and the Restricted Subsidiaries and do not individually or in the aggregate materially

impair the value of the assets of the Borrower and the Restricted Subsidiaries;

(k) Liens deemed to secure Capital Lease Obligations incurred in connection with any sale and leaseback

transaction permitted by Section 6.08;

(l) licenses, sublicenses, leases or subleases that do not interfere in any material respect with the business of the

Borrower or any Restricted Subsidiary;

(m) any interest or title of a lessor or sublessor under, and Liens arising from Uniform Commercial Code

financing statements (or equivalent filings, registrations or agreements in foreign jurisdictions) relating to, leases and

subleases permitted hereunder;

-70-