Common use of US Notes Clause in Contracts

US Notes. Neither the entry into this Agreement by Seller nor the performance of Seller’s obligations under it (including the consummation of the transactions contemplated herein) results or will result in any breach of the Indenture dated 16 May 2012, as supplemented, concerning certain 9.750% Senior Notes of MHR (in respect of which Indenture one or more entities constituting Seller are guarantors), and in particular, for the purposes of Section 4.07(a)(2)(E) of that Indenture the aggregate of (a) the value of the Non-Cash Portion of the Purchase Price, and (b) the total value of all other non-cash asset sales made by Seller Group subsequent to the date of the Indenture, does not exceed 10% of the Adjusted Consolidated Net Tangible Assets (as defined in such Indenture).

US Notes. Neither the entry into this Agreement by Seller nor the performance of Seller’s obligations under it (including the consummation of the transactions contemplated herein) results or will result in any breach of the Indenture dated 16 May 2012, as supplemented, concerning certain 9.750% Senior Notes of MHR (in respect of which Indenture one or more entities constituting Seller are guarantors), and in particular, for the purposes of Section 4.07(a)(2)(E) of that Indenture the aggregate of of (a) the value of the Non-Cash Portion of the Purchase Price, and (b) the total value of all other non-cash asset sales made by Seller Group subsequent to the date of the Indenture, does not exceed 10% of the Adjusted Consolidated Net Tangible Assets (as defined in such Indenture).