Common use of Additional Limitations on the Company Clause in Contracts

Additional Limitations on the Company. For so long as any of the Securities is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuance, sale and redemption of the Securities and other Indebtedness (including syndicated loans) and any activities incidentally related thereto; (ii) the incurrence of Indebtedness to make inter-company loans to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related thereto; (iii) any cash management measures and short-term investments; (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness; (v) any transaction in the ordinary course of business of the Company; and (vi) any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or to the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 (as provided by the provisions of Section 8.1.4) in connection with the next payment in respect of the Securities; 10.16.3 enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (iv) of Section 10.16.1 above or (ii) any Permitted Lien.

Additional Limitations on the Company. For so long as any of the Securities is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuance, sale and redemption of the Securities and any other Indebtedness debt securities (including syndicated loans) and any activities incidentally related thereto; (ii) the incurrence of Indebtedness to make inter-company loans to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related thereto; (iii) any cash management measures and short-term investments; (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness; (v) any transaction in the ordinary course of business of the Company; and (vi) any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or to the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 (as provided by the provisions of Section 8.1.4) in connection with the next payment in respect of the Securities; 10.16.3 enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (iv) of Section 10.16.1 above above; or (ii) any Permitted Lien.

Additional Limitations on the Company. For so long as any of the Securities Notes is outstanding, the Company shall not: 10.16.1 (i) engage in any business or enter into, or be a party to, any transaction or agreement except for: (iA) the issuance, sale and redemption of the Securities Notes (including any Additional Notes) and any other Indebtedness debt securities (including syndicated loans) and any activities incidentally related thereto; (iiB) the incurrence of Indebtedness to make inter-company loans to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related thereto; (iiiC) any cash management measures and short-term investments; (ivD) the entering into Hedging Agreements relating to the Securities Notes or other Indebtedness; (vE) any transaction in the ordinary course of business of the Company; and (viF) any other transaction required by applicable law; 10.16.2 (ii) enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or to the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8Section 5.1; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person Corporation becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 4.7 (as provided by the provisions of Section 8.1.45.1(iv)) in connection with the next payment in respect of the SecuritiesNotes; 10.16.3 (iii) enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”)amended; and 10.16.4 (iv) create any Lien in favor of any Person other than (iA) created over funds reserved for the payment of principal, interest (including Additional Interest, if any) and premium, if any, due in respect of Notes or (b) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (ivi)(D) of Section 10.16.1 above or (ii) any Permitted Lienabove.

Additional Limitations on the Company. For so long as any of the Securities is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuance, sale and redemption of the Securities and any other Indebtedness debt securities (including syndicated loans) and any activities incidentally related thereto; (ii) the incurrence of Indebtedness to make inter-company loans to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related thereto; (iii) any cash management measures and short-term investments; (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness; (v) any transaction in the ordinary course of business of the Company; and (vi) any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or to the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman IslandsNetherlands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 (as provided by the provisions of Section 8.1.4) in connection with the next payment in respect of the Securities; 10.16.3 enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (iv) of Section 10.16.1 above above; or (ii) any Permitted Lien.

Additional Limitations on the Company. (a) For so long as any of the Securities Notes is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuanceCompany shall not engage in any business, sale and redemption or conduct any operations, other than to finance the operations of the Securities Guarantor and other Indebtedness its Subsidiaries and activities that are reasonably ancillary thereto (including syndicated loans) including, without limitation, on-lending of funds, repurchases of Debt not prohibited by the Base Indenture or this Supplemental Indenture, entering into transactions involving Hedging Obligations relating to such Debt and any activities incidentally related theretoInvestments not prohibited by the Base Indenture or this Supplemental Indenture); (ii) the incurrence of Indebtedness to make inter-company loans Company shall not incur any Debt other than (1) the Notes and (2) any other indebtedness which (i) ranks equally with the Notes or (ii) is subordinated to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related theretoNotes; (iii) the Company will not redeem any cash management measures and short-term investments;shares of its Capital Stock; and (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness; (v) Company shall not incur any transaction in the ordinary course of business of the Company; and (vi) any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of Liens on any of its assets assets, except for any Liens imposed by operation of law. (b) For so long as any of the Notes is outstanding, neither the Company nor the Guarantor shall take any corporate action with respect to: (i) the consolidation or receivables, except, in each case, merger of the Company with or to into any other Person, except that the Company may merge with the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8; providedWholly-Owned Subsidiary; (ii) the voluntary liquidation, however, that if wind-up or dissolution of the Company enters into such a transaction with a Subsidiarywhile the Company is the issuer of the Notes, unless the Guarantor fully and it results in unconditionally assumes all of the Successor Person becoming incorporated in obligations of the Company, including the Notes; or (iii) the transfer or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 (as provided disposition by the provisions of Section 8.1.4) in connection with the next payment in respect Guarantor of the Securities; 10.16.3 enter into any transaction which would cause it Company to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement a Wholly-Owned Subsidiary, except as permitted under clause Article VIII of the Base Indenture. (ive) With respect to the Notes only (and, for the avoidance of doubt, not with respect to any other series of notes issued pursuant to the Base Indenture on or prior to the date hereof), the following new Section 10.16.1 above or (ii) any Permitted Lien.11.09 shall be inserted into the Base Indenture:

Additional Limitations on the Company. (a) For so long as any of the Securities Notes is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuanceCompany shall not engage in any business, sale and redemption or conduct any operations, other than to finance the operations of the Securities Guarantor and other Indebtedness its Subsidiaries, activities that are reasonably ancillary thereto (including syndicated loansincluding, without limitation, on-lending of funds, repurchases of Debt not prohibited by the Base Indenture or this Supplemental Indenture and entering into transactions involving Hedging Obligations not for speculative purposes relating to such Debt) and any activities incidentally related theretocash management measures and short term Investments; (ii) the incurrence of Indebtedness to make inter-company loans Company shall not incur any Debt other than (1) the Notes and (2) any other indebtedness which (i) ranks equally with the Notes or (ii) is subordinated to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related theretoNotes; (iii) the Company shall not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets to any cash management measures and short-term investmentsperson, except (i) to the extent that it complies with the conditions set forth in Section 8.01 (substituting “the Company” for “the Guarantor” therein) or (ii) with an affiliate of the Company solely for the purpose of reincorporating the Company in another jurisdiction (so long as reincorporation does not materially adversely affect the rights of the holders of the notes); (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness;Company shall not redeem any shares of its Capital Stock; and (v) the Company shall not incur any transaction in Liens on any of its assets, except for any Liens imposed by operation of law. (b) In addition, the ordinary course Guarantor will continue to own, directly or indirectly, a majority of business the Voting Stock of the Company; and. In connection with a substitution of the Company as issuer, upon the execution of the applicable Issuer Substitution Documents, neither the Company nor the Substituted Issuer will be subject to the covenants set forth in this Section 10.10. (vih) With respect to the Notes only (and, for the avoidance of doubt, not with respect to any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form series of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or notes issued pursuant to the Guarantor Base Indenture on or a Subsidiary and which is as otherwise permitted pursuant prior to Article 8; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to date hereof) Section 10.7 (as provided by the provisions of Section 8.1.4) in connection with the next payment in respect 11.01 of the Securities; 10.16.3 enter into any transaction which would cause it to be deemed an “investment company” Base Indenture is hereby deleted in its entirety and amended and restated in their entirety as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (iv) of Section 10.16.1 above or (ii) any Permitted Lien.follows:

Additional Limitations on the Company. For so long as any of the Securities is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuance, sale and redemption of the Securities and any other Indebtedness debt securities (including syndicated loans) and any activities incidentally related thereto; (ii) the incurrence of Indebtedness to make inter-company loans to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related thereto; (iii) any cash management measures and short-term investments; (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness; (v) any transaction in the ordinary course of business of the Company; and (vi) any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or to the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman IslandsNetherlands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 (as provided by the provisions of Section 8.1.4) in connection with the next payment in respect of the Securities; 10.16.3 enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (iv) of Section 10.16.1 above above; or (ii) any Permitted Lien.. Table of Contents ARTICLE XI

Additional Limitations on the Company. For so long as any of the Securities Notes is outstanding, the Company shall not: 10.16.1 (i) engage in any business or enter into, or be a party to, any transaction or agreement except for: (iA) the issuance, sale and redemption of the Securities Notes (including any Additional Notes) and any other Indebtedness (including syndicated loans) and any activities incidentally related thereto; (iiB) the incurrence of Indebtedness to make inter-company loans to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related thereto; (iiiC) any cash management measures and short-term investments; (ivD) the entering into Hedging Agreements relating to the Securities Notes or other Indebtedness; (vE) any transaction in the ordinary course of business of the Company; and (viF) any other transaction required by applicable law; 10.16.2 (ii) enter into any consolidation, merger, amalgamation, joint venture, or other form of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or to the Guarantor or a Subsidiary and which is as otherwise permitted pursuant to Article 8Section 5.1; provided, however, that if the Company enters into such a transaction with a Subsidiary, and it results in the Successor Person Corporation becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 4.7 (as provided by the provisions of Section 8.1.45.1(iv)) in connection with the next payment in respect of the SecuritiesNotes; 10.16.3 (iii) enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”)amended; and 10.16.4 (iv) create any Lien in favor of any Person other than (iA) created over funds reserved for the payment of principal, interest (including Additional Interest, if any) and premium, if any, due in respect of Notes or (b) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (ivi)(D) of Section 10.16.1 above or (ii) any Permitted Lienabove.

Additional Limitations on the Company. (a) For so long as any of the Securities Notes is outstanding, the Company shall not: 10.16.1 engage in any business or enter into, or be a party to, any transaction or agreement except for: (i) the issuanceCompany shall not engage in any business, sale and redemption or conduct any operations, other than to finance the operations of the Securities Guarantor and other Indebtedness its Subsidiaries, activities that are reasonably ancillary thereto (including syndicated loans) including, without limitation, on-lending of funds, repurchases of Debt not prohibited by the Base Indenture or this Supplemental Indenture, entering into transactions involving Hedging Obligations not for speculative purposes relating to such Debt and any activities incidentally related theretocash management measures and short term Investments); (ii) the incurrence of Indebtedness to make inter-company loans Company shall not incur any Debt other than (1) the Notes and (2) any other indebtedness which (i) ranks equally with the Notes or (ii) is subordinated to the Guarantor and its Subsidiaries to finance the acquisition of supply materials by the Guarantor and its Subsidiaries, and activities reasonably related theretoNotes; (iii) the Company will not consolidate with or merge with or into, or convey, transfer or lease all or substantially all of its assets to any cash management measures and short-term investmentsperson, except (i) to the extent that it complies with the conditions set forth in Section 8.01 (substituting “the Company” for “the Guarantor” therein) or (ii) with an affiliate of the Company solely for the purpose of reincorporating the Company in another jurisdiction (so long as reincorporation in such jurisdiction does not materially adversely affect the rights of the holders of the notes); (iv) the entering into Hedging Agreements relating to the Securities or other Indebtedness;Company will not redeem any shares of its Capital Stock; and (v) the Company shall not incur any transaction in Liens on any of its assets, except for any Liens imposed by operation of law. (b) In addition, the ordinary course Guarantor will continue to own, directly or indirectly, a majority of business the Voting Stock of the Company; and. In connection with a substitution of the Company as issuer, upon the execution of the applicable Issuer Substitution Documents, neither the Company nor the Substituted Issuer will be subject to the covenants set forth in this Section 10.10.” (vie) With respect to the Notes only (and, for the avoidance of doubt, not with respect to any other transaction required by applicable law; 10.16.2 enter into any consolidation, merger, amalgamation, joint venture, or other form series of combination with any Person, or selling, leasing, conveying or otherwise disposing of any of its assets or receivables, except, in each case, with or notes issued pursuant to the Guarantor Base Indenture on or a Subsidiary and which is as otherwise permitted pursuant prior to Article 8; providedthe date hereof), however, that if the Company enters following new Section 11.09 shall be inserted into such a transaction with a Subsidiary, and it results in the Successor Person becoming incorporated in or considered to be resident in a jurisdiction other than the Cayman Islands, then such transaction will only be permitted if such transaction will not result in the payment of Additional Amounts pursuant to Section 10.7 (as provided by the provisions of Section 8.1.4) in connection with the next payment in respect of the Securities; 10.16.3 enter into any transaction which would cause it to be deemed an “investment company” as defined in the U.S. Investment Company Act of 1940, as amended (the “Investment Company Act”); and 10.16.4 create any Lien in favor of any Person other than (i) any Lien incurred in connection with the entering into any Hedging Agreement permitted under clause (iv) of Section 10.16.1 above or (ii) any Permitted Lien.Base Indenture: