Common use of Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock Clause in Contracts

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” and “Incurred” shall have a corresponding meaning) any Indebtedness (including Acquired Debt), and the Issuer will not issue any Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stock; provided, however, that the Issuer and any Restricted Subsidiary may Incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may issue Disqualified Stock, if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period immediately preceding the date on which such additional Indebtedness is Incurred or such Disqualified Stock is issued, as the case may be, would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred or the Disqualified Stock had been issued, as the case may be, at the beginning of such Reference Period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will Company shall not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” and collectively, an “Incurrence” and “Incurred” shall have a corresponding meaning”) any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer Company will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; provided, however, that the Issuer and any Restricted Subsidiary Company may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the IssuerCompany’s Reference Period and the Restricted Subsidiaries’ most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 2.00 to 1.01.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred, or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer Holdings will not, and will not permit any of its Restricted Subsidiaries Subsidiary to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to otherwise (collectively, “Incur,” “Incurrenceincur” and collectively, an “Incurred” shall have a corresponding meaningincurrence”) with respect to any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer Holdings will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries Subsidiary to issue any Preferred Stockshares of Disqualified Stock or preferred stock; provided, however, that the Issuer and any Restricted Subsidiary Holdings may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period immediately preceding the date on which such additional and any Guarantor may incur Indebtedness is Incurred or such (including Acquired Indebtedness), issue shares of Disqualified Stock is issuedand issue shares of preferred stock, as the case may be, if Holdings’ Debt to Consolidated EBITDA Ratio would have been at least 2.0 be less than or equal to 6.5 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred, or the Disqualified Stock or preferred stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Period.four-quarter period. The foregoing limitations will not apply to (“Permitted Debt”):

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” "incur" and “Incurred” shall have a corresponding meaningcollectively, an "incurrence") any Indebtedness (including Acquired Debt), Indebtedness) and that the Issuer Company will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; provided, however, that the Issuer and any Restricted Subsidiary Company may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and the Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 1.75 to 1.01.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred, or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” "incur" and “Incurred” shall have a corresponding meaningcollectively, an "incurrence") any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer Company will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; providedPROVIDED, howeverHOWEVER, that the Issuer and any Restricted Subsidiary Company may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and its Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 1.75 to 1.01.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will notNeither Financeco nor Solectron shall, and will Solectron shall not permit any of its other Restricted Subsidiaries to, directly or indirectly, to create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” and “Incurred” shall have a corresponding meaningincur”) any Indebtedness (including Acquired Debt), and the Issuer will not neither Financeco nor Solectron shall issue any Disqualified Stock and will Solectron shall not permit any of its other Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; provided, however, that the Issuer Financeco and any Restricted Subsidiary Solectron may Incur incur Indebtedness (including Acquired Debt)) or issue Disqualified Stock, and the Issuer and the Solectron’s other Restricted Subsidiaries may incur Indebtedness or issue Disqualified Stockpreferred stock, if the Fixed Charge Coverage Ratio for the IssuerSolectron’s Reference Period most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock or preferred stock is issued, as the case may be, issued would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred or the preferred stock or Disqualified Stock had been issued, as the case may be, at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will Company shall not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” "INCUR" and “Incurred” shall have a corresponding meaning101 collectively, an "INCURRENCE") any Indebtedness (including Acquired Debt), Indebtedness) and that the Issuer Company will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; providedPROVIDED, howeverHOWEVER, that the Issuer and any Restricted Subsidiary Company may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and the Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 1.75 to 1.01.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred, or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will Company shall not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” "INCUR" and “Incurred” shall have a corresponding meaningcollectively, an "INCURRENCE") any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer Company will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; providedPROVIDED, howeverHOWEVER, that the Issuer and any Restricted Subsidiary Company may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and the Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been (i) if such incurrence occurs on or prior to April 15, 2003, at least 2.0 1.75 to 1.01.00; and (ii) if such incurrence occurs after April 15, 2003, at least 2.00 to 1.00, in each case, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred, or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” and “Incurred” shall have a corresponding meaning) Incur any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer will Company shall not issue any shares of Disqualified Stock and will shall not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; provided, however, that the Issuer and any Restricted Subsidiary Company may Incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and its Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 1.75 to 1.01.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred Incurred, or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” "incur" and “Incurred” shall have a corresponding meaningcollectively, an "incurrence") any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer Company will not issue any shares of Disqualified Stock and will not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; provided, however, that the Issuer and any Restricted Subsidiary Company may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and the Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 1.75 to 1.01.00, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer will Company shall not, and will shall not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” and “Incurred” shall have a corresponding meaning) Incur any Indebtedness (including Acquired Debt), Indebtedness) and the Issuer will Company shall not issue any shares of Disqualified Stock and will shall not permit any of its Restricted Subsidiaries to issue any Preferred Stockshares of preferred stock; provided, however, that the Issuer and any Restricted Subsidiary Company may Incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may Indebtedness) or issue shares of Disqualified Stock, Stock if the Fixed Charge Coverage Ratio for the Issuer’s Reference Period Company's and its Restricted Subsidiaries' most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred Incurred, or the Disqualified Stock had been issued, as the case may be, and the application of proceeds therefrom had occurred at the beginning of such Reference Periodfour-quarter period.

Limitation on Incurrence of Indebtedness and Issuance of Disqualified Stock. (a) The Issuer Company will not, and will not permit any of its Restricted Subsidiaries to, directly or indirectly, create, incur, issue, assume, guarantee or otherwise become directly or indirectly liable, contingently or otherwise, with respect to (collectively, “Incur,” “Incurrence” and “Incurred” shall have a corresponding meaningincur”) any Indebtedness (including Acquired Debt), and the Issuer Company will not issue any Disqualified Stock, the Company will not permit any Restricted Subsidiary to issue any Disqualified Stock and the Company will not permit any of its other Restricted Subsidiaries to issue any Preferred Stockpreferred securities; provided, however, that the Issuer Issuers and any Restricted Subsidiary Subsidiaries may Incur incur Indebtedness (including Acquired Debt), and the Issuer and the Restricted Subsidiaries may ) or issue Disqualified Stock, if the Fixed Charge Coverage Ratio for the IssuerCompany’s Reference Period most recently ended four full fiscal quarters for which internal financial statements are available immediately preceding the date on which such additional Indebtedness is Incurred incurred or such Disqualified Stock is issued, as the case may be, issued would have been at least 2.0 to 1.0, determined on a pro forma basis (including a pro forma application of the net proceeds therefrom), as if the additional Indebtedness had been Incurred incurred or the Disqualified Stock had been issued, as the case may be, at the beginning of such Reference Period.four-quarter period. The first paragraph of this Section 4.09 will not prohibit the incurrence of any of the following items of Indebtedness (collectively, “Permitted Debt”):