Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the Issuer’s Qualified Capital Stock; provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, the calculation of the amount determined under Section 4.07(b)(iii)(B);
Appears in 1 contract
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the Issuer’s 's Qualified Capital Stock; provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, the calculation of the amount determined under Section 4.07(b)(iii)(B4.10(2)(c)(ii) (Limitation on Restricted Payments);; and
Appears in 1 contract
Samples: TMM Lines LTD LLC
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the Issuer’s Qualified Capital Stock; provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.07(b)(iii)(B)4.08;
Appears in 1 contract
Samples: Digicel Group LTD
Investments in a Person. to the extent that the consideration therefor consists of the Issuer’s Qualified Capital Stock or the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the Issuer’s Qualified Capital Stock; provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, the calculation of the amount determined under clause (2)(c)(ii) of Section 4.07(b)(iii)(B)4.06;
Appears in 1 contract
Samples: Indenture (InterXion Holding N.V.)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the IssuerParent Guarantor’s Qualified Capital StockStock or Deeply Subordinated Funding or the net proceeds thereof (other than any Excluded Contribution or the proceeds of any Contribution Debt); provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.07(b)(iii)(B)4.08;
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the IssuerParent Guarantor’s Qualified Capital StockStock or Deeply Subordinated Funding or the net proceeds thereof (other than any Excluded Contribution or the proceeds of any Contribution Debt); provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.07(b)(iii)(B)4.08;
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the Issuer’s Qualified Capital StockStock or Deeply Subordinated Funding; provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in, in the calculation of the amount determined under clause (b)(iii)(B) of Section 4.07(b)(iii)(B)4.08;
Appears in 1 contract
Samples: Indenture (Townfrost LTD)