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Create, incur, assume or suffer to exist any Lien on any of such Person's property now owned or hereafter acquired to secure any Indebtedness of such (i) Liens existing on the date hereof and set (ii) except in the case of any New Venture, any Lien on any property securing Indebtedness incurred or assumed for the purpose of financing all or any part of the acquisition cost of such property, provided that such Lien does not extend to any other property and that such Indebtedness was permitted to be incurred under the Business Plans; (iii) Liens for taxes not yet due or which are being contested in good faith by appropriate proceedings and with respect to which adequate reserves are being maintained; (iv) statutory Liens of landlords and Liens of carriers, warehousemen, mechanics, materialmen and other Liens imposed by law created in the ordinary course of business for amounts not yet due or which are being contested in good faith by appropriate proceedings and with respect to which adequate reserves are being maintained; ERISA) incurred or deposits made in the ordinary course of business in connection with workers' compensation, unemployment insurance and other types of social security, or to secure the performance of tenders, statutory obligations, surety and appeal bonds, bids, leases, government contracts, performance and return-of-money bonds and other similar obligations (exclusive of obligations for the payment of borrowed money); and other similar charges or encumbrances not interfering with the ordinary conduct of the business of the Borrower or any of his Affiliates; (vii) Liens existing on any property prior to the acquisition thereof, or prior to the acquisition of the Person which owns such property, by theBorrower or any of his Affiliates, in money each case which Lien was not created in contemplation of such (viii) Liens granted under the Security Documents and Liens required to be granted pursuant to (ix) extensions, renewals or replacements of any Lien referred to in paragraphs (i) through such extension, renewal or replacement is limited to the property originally encumbered thereby and that (A) the refinancing of the Indebtedness secured thereby of the type described in clause (ii), constitute a Capital Event and (B) no other Indebtedness or obligation secured thereby is increased; (x) Liens on any assets of any New Venture; (xi) Liens granted in connection with the the sale of property of any New Venture or the merger of any New Venture with any other New Venture or Person who is not an Affiliate of the Borrower, merge or consolidate with any other Person, or sell, lease or otherwise dispose of all or any substantial part of such Person's property or assets to any other Person, other than in transactions that (i) constitute good faith Capital Events the other parties to which are Persons which are not Affiliates of the Borrower and (ii) are for fair market value and are on commercially reasonable terms; provided that in no event shall the Borrower or any of his Affiliates sell, transfer, or otherwise dispose of, pledge, assign, hypothecate or otherwise grant a Lien in or on any Equity Interests, rights under management contracts or rights to any proceeds except in compliance with the terms hereof and of the Override Agreement. And how is net determined in this case? Mr: no.
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