Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the issue and sale (other than to any Subsidiary) of shares of the Issuer’s Qualified Capital Stock or Deeply Subordinated Funding; provided that the net proceeds of such sale have been excluded from, and shall not have been included in the calculation of the amount determined under clause (b)(iii)(B) of Section 4.08;
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Samples: Indenture (Townfrost LTD)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Subsidiary) of shares of the Issuer’s 's Qualified Capital Stock or Deeply Subordinated FundingStock; provided that the net proceeds of such sale have been excluded from, and shall not have been included in in, the calculation of the amount determined under clause Section 4.10(2)(c)(ii) (b)(iii)(B) of Section 4.08;Limitation on Restricted Payments); and
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Samples: Indenture (TMM Lines LTD LLC)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Restricted Subsidiary) of shares of the Issuer’s Qualified Capital Stock or Deeply Subordinated FundingStock; provided that the net proceeds of such sale to the extent applied pursuant to this clause (l) have been excluded from, and shall not have been included in in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.084.07(b)(iii)(B);
Appears in 1 contract
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the issue and sale (other than to any Subsidiary) of shares of the IssuerParent Guarantor’s Qualified Capital Stock or Deeply Subordinated FundingFunding or the net proceeds thereof (other than any Excluded Contribution or the proceeds of any Contribution Debt); provided that the net proceeds of such sale have been excluded from, and shall not have been included in in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.08;
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Investments in a Person. to the extent that the consideration therefor consists of the Issuer’s Qualified Capital Stock or the net proceeds of the substantially concurrent issue and sale (other than to any Subsidiary) of shares of the Issuer’s Qualified Capital Stock or Deeply Subordinated FundingStock; provided that the net proceeds of such sale have been excluded from, and shall not have been included in in, the calculation of the amount determined under clause (b)(iii)(B2)(c)(ii) of Section 4.084.06;
Appears in 1 contract
Samples: Indenture (InterXion Holding N.V.)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the issue and sale (other than to any Subsidiary) of shares of the IssuerParent Guarantor’s Qualified Capital Stock or Deeply Subordinated FundingFunding or the net proceeds thereof (other than any Excluded Contribution or the proceeds of any Contribution Debt); provided that the net proceeds of such sale have been excluded from, and shall not have been included in in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.08;
Appears in 1 contract
Samples: Indenture (Ardagh Group S.A.)
Investments in a Person. to the extent that the consideration therefor consists of the net proceeds of the substantially concurrent issue and sale (other than to any Subsidiary) of shares of the Issuer’s Qualified Capital Stock or Deeply Subordinated FundingStock; provided that the net proceeds of such sale have been excluded from, and shall not have been included in in, the calculation of the amount determined under clause (b)(iii)(B) of Section 4.08;
Appears in 1 contract
Samples: Indenture (Digicel Group LTD)