JPMorgan - KASE

ights-of-way, restrictions, minor defects or irregularities in title and other similar charges or
encumbrances not interfering in any material respect with the business of the Company or any of
its Restricted Subsidiaries; (xii) statutory Liens of landlords or of mortgagees of landlords arising
by operation of law, provided that the rental payments secured thereby are not yet due and
payable; (xiii) Liens incurred or deposits made in the ordinary course of business in connection
with workers’ compensation, unemployment insurance and other types of social security; (xiv)
Liens securing obligations arising under the Indenture; (xv) Liens on assets of Unrestricted
Subsidiaries that secure Non-Recourse Debt of Unrestricted Subsidiaries; (xvi) attachment or
judgment Liens not giving rise to a Default or an Event of Default, provided that such Liens are
adequately bonded and any appropriate legal proceedings that may have been initiated for the
review of the judgment, decree or order to which such Liens pertain shall not have been finally
terminated or the period within which such proceedings may be initiated shall not have expired;
and (xvii) other Liens arising in the ordinary course of business of the Company or any Restricted
Subsidiary which do not secure the payment of Indebtedness and in the aggregate do not
materially adversely affect the value of the assets of the Company and its Restricted Subsidiaries,
taken as a whole, or materially impair the use of such properties for the purposes for which such
properties are held by the Company or such Restricted Subsidiaries, provided that the aggregate
amount to which all such Liens incurred pursuant to this clause (xvii), taken together, relates,
does not at any one time exceed $10.0 million or its equivalent in any other currency or
currencies.
“Permitted Refinancing Indebtedness” means any Indebtedness of the Company or any of its
Restricted Subsidiaries issued in exchange for, or the net proceeds of which are used to extend,
refinance, renew, replace, defease or refund other Indebtedness of the Company or any of its
Restricted Subsidiaries, provided that: (i) the principal amount (or the accreted value, if
applicable) of such Permitted Refinancing Indebtedness does not exceed the original principal
amount (or the then current accreted value, if applicable) of the Indebtedness so extended,
refinanced, renewed, replaced, defeased or refunded (plus the amount of reasonable expenses
incurred in connection therewith); (ii) such Permitted Refinancing Indebtedness has a final
maturity date at least as late as the final maturity date of, and has a Weighted Average Life to
Maturity equal to or greater than the Weighted Average Life to Maturity of, the Indebtedness
being extended, refinanced, renewed, replaced, defeased or refunded; (iii) if the Indebtedness
being extended, refinanced, renewed, replaced, defeased or refunded is subordinated in right of
payment to the Notes, such Permitted Refinancing Indebtedness has a final maturity date later
than the final maturity date of, and is subordinated in right of payment to, the Notes on terms at
least as favorable to the Holders of Notes as those contained in the documentation governing
the Indebtedness being extended, refinanced, renewed, replaced, defeased or refunded; and (iv)
such Indebtedness is incurred either by the Company or by the Restricted Subsidiary who is the
obligor on the Indebtedness being extended, refinanced, renewed, replaced, defeased or
refunded.
“Person” means any individual, corporation, partnership, joint venture, association, joint stock
company, trust, unincorporated organization, limited liability company, or other business entity
or government or agency or political subdivision thereof (including any subdivision or ongoing
business of any such entity or substantially all of the assets of any such entity, subdivision or
business).
“Purchase Money Lien” means a Lien granted on an asset or property to secure a Purchase
Money Obligation or Capital Lease Obligation permitted to be incurred under the Indenture and
incurred solely to finance the purchase, or the cost of construction or improvement, of such asset
or property, provided that such Lien encumbers only such asset or property and is granted within
180 days of such acquisition.
“Purchase Money Obligations” of any Person means any obligations of such Person to any seller
or any other Person incurred or assumed to finance the purchase, or the cost of construction or
improvement, of real or personal property to be used in the business of such Person or any of its
Restricted Subsidiaries in an amount that is not more than 100% of the cost, or Fair Market
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