Common use of Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries Clause in Contracts

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; (iv) a pledge or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock of a Restricted Subsidiary, PROVIDED that the Company or such Restricted Subsidiaries apply the Net Cash Proceeds, if any, of any such sale in accordance with clause (A) or (B) of Section 4.11 hereof.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Wholly-Owned Restricted Subsidiary; (ii) issuances of director's ’s qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; (iv) a pledge or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries sale of Common Stock of a Restricted Subsidiary, PROVIDED that the Company or such Restricted Subsidiaries apply the Net Cash Proceedsthat is not Disqualified Stock, if any, the proceeds of any such issuance or sale are applied in accordance with clause (A) or (B) of the first paragraph of Section 4.11 hereofor (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employment.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and Subsidiary, provided any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof 13.6, if made on the date of such issuance or sale; and (iv) a pledge issuances or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock of any Restricted Subsidiary, the Net Cash Proceeds of which are promptly applied pursuant to clause (i)(A) or (i)(B) of the second paragraph of Section 13.11 of this Agreement; provided that at no time may a Restricted Subsidiary, PROVIDED that the Company Common Stock of which has been issued or such Restricted Subsidiaries apply the Net Cash Proceeds, if any, of any such sale in accordance with sold pursuant to this clause (A) or (B) iv), be the owner of Section 4.11 hereofa satellite.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and will shall not permit any Restricted SubsidiarySubsidiary (other than the Guarantor), directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; , (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; , (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect affect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; , (iv) a pledge or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries sale of Common Stock of a Restricted Subsidiary, PROVIDED that the Company or such Restricted Subsidiaries apply the Net Cash Proceedsthat is not Disqualified Stock, if any, the proceeds of any such issuance or sale are applied in accordance with clause (A) or (B) of the first paragraph of Section 4.11 hereof4.12 or (v) the transfer of up to 3% of the Common Stock of each Restricted Subsidiary to employees of such Restricted Subsidiary in connection with such employment.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Wholly-Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; or (iv) a pledge issuances or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock (including options, warrants or other rights to purchase shares of Common Stock) of a Restricted Subsidiary, PROVIDED that the Company or such any Restricted Subsidiaries apply Subsidiary applies an amount equal to the Net Cash Proceeds, if any, of any such sale Proceeds thereof in accordance with clause (A) or (B) of Section 4.11 hereof.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; or (iv) a pledge issuances or hypothecation sales of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock common stock of a Restricted Subsidiary, PROVIDED that the Company or such any Restricted Subsidiaries apply Subsidiary applies an amount equal to the Net Cash Proceeds, if any, of any such sale Proceeds thereof in accordance with clause (A) or (B) of Section 4.11 hereof.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof 4.05 if made on the date of such issuance or sale; or (iv) a pledge issuances or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock of a Restricted Subsidiary, PROVIDED provided that the Company or such Restricted Subsidiaries apply Subsidiary applies the Net Cash Proceeds, if any, of any such sale in accordance with clause (A) or (B) of Section 4.11 hereof4.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; (iv) a pledge and the issuance or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries sale of Common Stock of a Restricted Subsidiary, PROVIDED that the Company or such any Restricted Subsidiaries apply if the Net Cash Proceeds, if any, of any such sale proceeds thereof are applied in accordance with clause (A) or (B) of Section 4.11 hereof4.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; , (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; , (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof 4.9 if made on the date of such issuance or sale; sale or (iv) a pledge issuances or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock of a Restricted SubsidiarySubsidiary to minority investors, PROVIDED that provided the Company or such Restricted Subsidiaries apply Subsidiary applies the Net Cash Proceeds, if any, of any such sale in accordance with clause (A) or (B) of Section 4.11 hereof4.13.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and will shall not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; or (iv) a pledge issuances or hypothecation sales of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (vx) sales by the Company or Restricted Subsidiaries of Common Stock of a Restricted Subsidiary, PROVIDED ; provided that the Company or such Restricted Subsidiaries apply Subsidiary applies the Net Cash Proceeds, if any, of any such sale (other than any sale of Common Stock of a New Business Subsidiary) in accordance with clause (A) or (B) of the first paragraph of Section 4.11 hereof4.10 and (y) Preferred Stock of a New Business Subsidiary.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof if made on the date of such issuance or sale; or (iv) a pledge issuances or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock of a Restricted Subsidiary, PROVIDED ; provided that the Company or such Restricted Subsidiaries apply Subsidiary applies the Net Cash Proceeds, if any, of any such sale in accordance with clause (A) or (B) of Section 4.11 hereof4.10.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's qualifying shares or sales to foreign non-U.S. nationals of shares of Capital Stock of foreign non-U.S. Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and Subsidiary, provided any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof 4.03, if made on the date of such issuance or sale; (iv) a pledge issuances or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries of Common Stock of a Restricted SubsidiaryStock, PROVIDED that the Company or such Restricted Subsidiaries apply either (x) the Net Cash Proceeds, if any, Proceeds of any such sale in accordance with which are promptly applied pursuant to clause (A) or (B) of Section 4.11 hereof4.10 or (y) in the case of a sale for consideration other than cash, in exchange for property or services having a fair market value at least equal to the fair market value of the Common Stock issued; and (v) issuances and sales of up to 6% of the Common Stock of each Restricted Subsidiary in connection with employee benefit plans or arrangements.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director's ’s qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and Subsidiary, provided any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 hereof 4.04, if made on the date of such issuance or sale; and (iv) a pledge or hypothecation of or Lien on any Capital Stock of a Subsidiary to the extent not prohibited under Section 4.09 hereof; or (v) sales by the Company or Restricted Subsidiaries issuances of Common Stock of a Restricted SubsidiaryResNet (x) to TCI Satellite pursuant to the terms of the ResNet Transaction Documents as in effect on the Closing Date and (y) in exchange for, PROVIDED that or the Company or such Restricted Subsidiaries apply the Net Cash Proceedsnet proceeds of which are used solely for, if any, redemptions of any such sale in accordance with clause (A) or (B) Common Stock of Section 4.11 hereofResNet.