Common use of Indebtedness of Foreign Subsidiaries Clause in Contracts

Indebtedness of Foreign Subsidiaries. provided, that the aggregate amount of such Indebtedness at the time such Indebtedness is incurred, together with the aggregate amount of all other Indebtedness outstanding under this clause (xvi) at such time, does not exceed 5% of the Borrower’s Consolidated Net Tangible Assets as of the end of the most recent Fiscal Quarter for which the Borrower has delivered financial statements as required by Section 7.1;

Indebtedness of Foreign Subsidiaries. provided, provided that the aggregate principal amount of such Indebtedness outstanding pursuant to this clause (viii) shall not at any time exceed the greater of $100,000,000 and 11.75% of Consolidated Total Assets (with, for purposes of this clause (viii), Consolidated Total Assets being (x) calculated excluding all assets other than those owned by Foreign Subsidiaries and (y) determined at the time of incurrence of such Indebtedness is incurred, together with the aggregate amount of all other Indebtedness outstanding under this clause (xvi) at such time, does not exceed 5% of the Borrower’s Consolidated Net Tangible Assets as of the end of the most recent Fiscal Quarter for which the Borrower has delivered financial statements as required by Section 7.1Indebtedness);