(vii) promptly after the commencement thereof, notice of all actions, suits, investigations, litigations
and proceedings before any court, Governmental Authority or arbitrator against or in any other way affecting any
Borrower or any of its Subsidiaries or any of their respective properties or businesses of the type described in
Section 4.01(g);
(viii) promptly and in any event within five Business Days after becoming aware thereof, notice of
any change in the rating assigned by any nationally recognized rating agency to any securities issued by any
Borrower or any of its Subsidiaries and the effective date of such change, together with a copy of such notice if
available at such time; and
(ix) such other information respecting the businesses, assets, liabilities, financial condition, results of
operations or business prospects of any Borrower or any of its Subsidiaries as any Lender, through the
Administrative Agent, may from time to time reasonably request.
SECTION 5.02. Negative Covenants. So long as any Advance or any Letter of Credit shall remain unpaid or any
Lender shall have any Commitment hereunder, each of the Borrowers will not:
(a) Liens, Etc. Create or suffer to exist, or permit any of its Subsidiaries to create or suffer to exist, any Lien
on or with respect to any of its properties and assets, whether now owned or hereafter acquired, or assign as security, or
permit any of its Subsidiaries to assign as security, any right to receive income therefrom, other than:
(i) Permitted Liens;
(ii) Liens existing or contemplated on the date of this Agreement and described on Schedule 5.02(a)
hereto;
(iii) purchase money Liens upon or in one or more tangible assets acquired or held by any Borrower
or any of its Subsidiaries in the ordinary course of business to secure the purchase price of such tangible assets or to
secure Indebtedness incurred solely for the purpose of financing the acquisition, construction or improvement of
such tangible assets so long as such Liens are incurred within 90 days of the date of acquisition of such tangible
assets, or Liens existing on any such tangible asset at the time of its acquisition (other than any such Liens created in
contemplation of such acquisition that were not incurred to finance the acquisition of such tangible assets); provided,
however, that no such Lien shall extend to or cover any property or assets of any character other than the tangible
assets being acquired, constructed or improved; and provided further that any Indebtedness secured by such Liens
shall otherwise be permitted under the terms of this Agreement;
(iv) Liens on property and assets of a Person existing at the time such Person is merged into or
consolidated with any Borrower or any of its Subsidiaries or becomes a Subsidiary of any Borrower; provided that
any such
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Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar
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