Common use of Investments in a Person Clause in Contracts

Investments in a Person. to the extent that the consideration therefor consists of the Company’s Qualified Capital Stock or the net proceeds of the substantially concurrent issue and sale (other than to any Subsidiary) of shares of the Company’s Qualified Capital Stock; provided that the net proceeds of such sale have been excluded from, and will not have been included in, the calculation of the amount determined under paragraph 2.2(c)(ii) of this Schedule;

Investments in a Person. to the extent that the consideration therefor consists of the Company’s Qualified Capital Stock or the net proceeds Net Cash Proceeds of the substantially concurrent issue and sale (other than to any Subsidiary) of shares of the Company’s Qualified Capital Stock; provided that the net proceeds Net Cash Proceeds of such sale have been excluded from, and will shall not have been included in, the calculation of the amount determined under paragraph 2.2(c)(ii) of this ScheduleSection 2 (Limitation on Restricted Payments);