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LUX » Topics » (h) other than guarantees of leases, obligations of wholly owned Subsidiaries or pursuant to existing agreements or commitments in the ordinary course of business orThis excerpt taken from the LUX 6-K filed Jun 25, 2007. (h) other than guarantees of leases, obligations of wholly owned Subsidiaries or pursuant to existing agreements or commitments in the ordinary course of business or32 amendments thereto enacted in the ordinary course of business, or to lenders under any borrowing arrangement in existence on the date hereof or entered into the ordinary course of business, (i) incur, assume, guarantee or pre-pay any indebtedness for borrowed money, except that the Company and its Subsidiaries may incur or assume indebtedness for borrowed money to finance acquisitions made in compliance with Section 5.01(p) and may incur, assume or pre-pay indebtedness for borrowed money under existing revolving credit agreements and lines of credit described in Section 5.01(h) of the Company Disclosure Schedule or under amendments thereto or replacements thereof enacted in the ordinary course of business which amendments do not, singly or in the aggregate, increase the principal amount or interest rate or other fees and expenses payable thereunder and that do not otherwise impose any new or amended obligation on the Company or any of its Subsidiaries, (ii) assume, guarantee, endorse or otherwise become liable or responsible (whether directly, contingently or otherwise) for any obligations of any other person (other than the Company or a wholly owned Subsidiary of the Company) in excess of $50,000, except in the ordinary course of business and except in connection with acquisitions permitted by Section 5.01(p), (iii) pay, discharge or satisfy any claims, liabilities or obligations (absolute, accrued, contingent or otherwise) in excess of $200,000, other than the payment, discharge or satisfaction of liabilities or obligations in the ordinary course of business or those reflected or reserved against in the most recent financial statements, (iv) make any loans, advances or capital contributions to, or investments in, any other person in excess of $100,000, except in the ordinary course of business and except for loans, advances, capital contributions or investments between any Subsidiary of the Company and the Company or another Subsidiary of the Company or (v) authorize or make capital expenditures other than in accordance with the purposes, amounts and time periods specified in Section 5.01(h) of the Company Disclosure Schedule (provided that the aggregate amount of capital expenditures permitted to be made in the first half of 2008 as set forth in Section 5.01(h) of the Company Disclosure Schedule shall be increased by an amount equal to the excess, if any, of (1) the amount of capital expenditures permitted to be made in the second half of 2007 as set forth in Section 5.01(h) of the Company Disclosure Schedule over (2) the amount of capital expenditures actually made during the second half of 2007); |
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