DUF » Topics » Burdensome Agreements

This excerpt taken from the DUF 8-K filed Jul 17, 2009.
Burdensome Agreements.  Enter into any Contractual Obligation other than (i) this Agreement or any other Loan Document that (a) limits the ability (x) of any Group Member to make Restricted Payments to any Loan Party or to otherwise transfer property to the Loan Parties, (y) of any Group Member to Guarantee the Obligations or (z) of any Group Member to create, incur, assume or suffer to exist Liens on property of such Person; provided, however, that this clause (z) shall not prohibit any negative pledge incurred or provided in favor of any holder of Indebtedness permitted under Section 7.03(e) solely to the extent any such negative pledge relates to the property financed by or the subject of such Indebtedness and, provided, further, that, this Section shall not prohibit Group Member from entering into licenses for Intellectual Property containing customary anti-assignment provisions; or (b) requires the grant of a Lien to secure an obligation of such Person if a Lien is granted to secure another obligation of such Person, (ii) limits on Liens (other than those securing any Obligation) on, or sales of, any property whose acquisition, repair, improvement or construction is financed with purchase money Indebtedness, Capitalized Lease Obligations, Permitted Refinancing or Guarantee Obligations and (iii) Contractual Obligations governing Indebtedness permitted hereunder.
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