Common use of Indebtedness or Disqualified Clause in Contracts

Indebtedness or Disqualified. Equity Interest of the Lux Borrower or any Restricted Subsidiary and Preferred Stock of any Restricted Subsidiary in an aggregate principal amount or liquidation preference that, when aggregated with the principal amount or liquidation preference of all other Indebtedness, Disqualified Equity Interest and Preferred Stock then outstanding and Incurred pursuant to this clause (l), does not exceed the greater of (x) $250.0 million and (y) 17.0% of Consolidated Net Tangible Assets, at any one time outstanding, plus, in the case of any refinancing of any Indebtedness permitted under this clause (l) or any portion thereof, the aggregate amount of fees, underwriting discounts, accrued and unpaid interest, premiums and other costs and expenses incurred in connection with such refinancing (it being understood that any Indebtedness, Disqualified Equity Interest or Preferred Stock incurred pursuant to this clause (l) shall cease to be deemed incurred or outstanding pursuant to this clause (l) but shall be deemed incurred and outstanding as Ratio Debt from and after the first date on which the Lux Borrower or such Restricted Subsidiary, as the case may be, could have incurred such Indebtedness, Disqualified Equity Interest or Preferred Stock (including any Liens related thereto) as Ratio Debt);

Indebtedness or Disqualified. Equity Interest Stock of the Lux Borrower or any Restricted Subsidiary and Preferred Stock of any Restricted Subsidiary in an aggregate principal amount or liquidation preference Maximum Fixed Repurchase Price, as applicable, that, when aggregated with the principal amount or liquidation preference Maximum Fixed Repurchase Price of all other Indebtedness, Disqualified Equity Interest Stock and Preferred Stock then outstanding and Incurred pursuant to this clause (l12), does not exceed the greater of (x) $250.0 million 600,000,000 and (y) 17.031.0% of Four Quarter Consolidated Net Tangible AssetsEBITDA at the time of Incurrence, at any one time outstanding, outstanding plus, in the case of any refinancing of any Indebtedness Indebtedness, Disqualified Stock or Preferred Stock permitted under this clause (l12) or any portion thereof, the aggregate amount of fees, underwriting discounts, accrued and unpaid interest, premiums and other costs and expenses incurred in connection with such refinancing any Refinancing Expenses (it being understood that any Indebtedness, Indebtedness Incurred or Disqualified Equity Interest Stock or Preferred Stock incurred issued pursuant to this clause (l12) shall cease to be deemed incurred Incurred, issued or outstanding pursuant to this clause (l12) but shall be deemed incurred Incurred or issued and outstanding as Ratio Debt from and after the first date on which the Lux Borrower or such Restricted Subsidiary, as the case may be, could have incurred Incurred such Indebtedness, Indebtedness or issued such Disqualified Equity Interest Stock or Preferred Stock as Ratio Debt (including to the extent Borrower or such Restricted Subsidiary is able to Incur any Liens related thereto) thereto as Ratio DebtPermitted Liens after such reclassification));

Indebtedness or Disqualified. Equity Interest Stock of the Lux Borrower or any Restricted Subsidiary of the Borrower and Preferred Stock of any Restricted Subsidiary of the Borrower not otherwise permitted hereunder in an aggregate principal amount or liquidation preference thatwhich, when aggregated with the principal amount or liquidation preference of all other Indebtedness, Indebtedness and Disqualified Equity Interest and Preferred Stock then outstanding and Incurred pursuant to this clause (lxii), does not exceed the greater of (x) $250.0 450.0 million and (y) 17.04% of Consolidated Net Tangible Assets, Total Assets of the Borrower at any one time outstanding, plus, in the case of any refinancing of any Indebtedness permitted under this clause (l) or any portion thereof, the aggregate amount of fees, underwriting discounts, accrued and unpaid interest, premiums and other costs and expenses incurred in connection with such refinancing outstanding (it being understood that any Indebtedness, Disqualified Equity Interest Stock or Preferred Stock incurred pursuant to Incurred or issued under this clause (lxii) shall cease to be deemed incurred Incurred or outstanding pursuant to for purposes of this clause (lxii) but shall be deemed incurred and outstanding as Ratio Debt Incurred for purposes of Section 4.3(a) from and after the first date on which the Lux Borrower or such the Restricted Subsidiary, as the case may be, could have incurred Incurred or issued such Indebtedness, Disqualified Equity Interest Stock or Preferred Stock under Section 10.1(a) without reliance upon this clause (including any Liens related thereto) as Ratio Debtxii));