INTERXION HOLDING N. V., a public company with limited liability (naamloze vennootschap), incorporated under the laws of The Netherlands, having its corporate seat (statutaire zetel) in Amsterdam, The Netherlands and its address at Xxxxxxxxxxx 00, 0000 XX Xxxxxxxx-Xxxx, Xxx Xxxxxxxxxxx, registered with the Trade Register of the Chamber of Commerce under registration number 33301892 (the “Original Borrower” and the “Company”);
INTERXION HOLDING N. V. Indenture Page 81
INTERXION HOLDING N. V. (the “Company”), a company incorporated under the laws of the Netherlands, having its registered seat in Amsterdam and its principal place of business in (1119 NX) Xxxxxxxx, Xxxxxxxxxxx 00, registered in the Trade Register of the Chamber of Commerce, under number 33301892; and,
INTERXION HOLDING N reduce the principal amount of any Note (or Additional Amounts or premium, if any) or the rate of or change the time for payment of interest on any Note (or change any Default or Event of Default under Section 6.01(1)(b));
INTERXION HOLDING N. Acquired Debt will be deemed to be Incurred on the date the acquired Person becomes a Restricted Subsidiary (or is merged into or consolidated with the Issuer or any Restricted Subsidiary, as the case may be) or the date of the related acquisition of assets from any Person.
INTERXION HOLDING N if, since the beginning of such period the Issuer or any Restricted Subsidiary (by merger, consolidation, amalgamation or other combination or otherwise) shall have made an Investment in any Restricted Subsidiary (or any Person which becomes a Restricted Subsidiary) or an acquisition of assets, including any acquisition of an asset occurring in connection with a transaction causing a calculation to be made hereunder, which constitutes all or substantially all of an operating unit of a business, Consolidated Net Income and Consolidated Interest Expense for such period shall be calculated after giving pro forma effect thereto (including the Incurrence of any Debt) as if such Investment or acquisition occurred on the first day of such period; and
INTERXION HOLDING N any gains (but not losses) from currency exchange transactions not in the ordinary course of business;
INTERXION HOLDING N with respect to any capital contributions, issuance or sale of Capital Stock or options, warrants or rights to purchase Capital Stock, or debt securities or Capital Stock that have been converted into or exchanged for Capital Stock as referred to under Section 4.06, the proceeds of such issuance or sale in the form of cash or Cash Equivalents, payments in respect of deferred payment obligations when received in the form of, or stock or other assets when disposed of for, cash or Cash Equivalents (except to the extent that such obligations are financed or sold with recourse to the Issuer or any Restricted Subsidiary), net of attorney’s fees, accountant’s fees and brokerage, consultation, underwriting and other fees and expenses actually Incurred in connection with such issuance or sale and net of taxes paid or payable as a result of thereof.
INTERXION HOLDING N. Liens on Collateral that are described in clauses (g), (h), (j), (k), (o), (r) (but only to the extent the Lien being extended, renewed or replaced was already a Permitted Collateral Lien) and (s) (but only to the extent the Lien being refinanced was already a Permitted Collateral Lien) of the definition of Permitted Liens; or
INTERXION HOLDING N. Liens securing Debt under Credit Facilities permitted to be Incurred pursuant to Section 4.04(2)(a);
