Common use of Limitation on Investments in Unrestricted Subsidiaries Clause in Contracts

Limitation on Investments in Unrestricted Subsidiaries. The Company will not make, and will not permit any of its Restricted Subsidiaries to make, any Investments in Unrestricted Subsidiaries (other than Permitted Investments) if, at the time thereof, the amount of such Investment would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 1011. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (a) will be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company or a Restricted Subsidiary (without duplication under the provisions of clause (a) of paragraph (iv) of Section 1011 and (b) may be made in cash or property (if made in property, the Fair Market Value thereof as determined by the Board of Directors of the Company (whose determination shall be conclusive and evidenced by a Board Resolution) shall be deemed to be the amount of such Investment for the purpose of clause (a)).

Limitation on Investments in Unrestricted Subsidiaries. The Company will shall not make, and will shall not permit any of its Restricted Subsidiaries to make, any Investments in Unrestricted Subsidiaries (other than Permitted Investments) if, at the time thereof, the aggregate amount of such Investment Investments together with any other Restricted Payments made after the Exchange Date would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10111012. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (ai) will shall be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company or a Restricted Subsidiary (without duplication under the provisions of clause (a) of paragraph (iv) of Section 1011 and (bii) may be made in cash or property (if made in property, the Fair Market Value thereof as determined by the Board of Directors of the Company (whose determination shall be conclusive and evidenced by a Board Resolution) shall be deemed to be the amount of such Investment for the purpose of clause (a)i) of this Section 1020).

Limitation on Investments in Unrestricted Subsidiaries. The Company will shall not make, and will shall not permit any of its Restricted Subsidiaries to make, any Investments in Unrestricted Subsidiaries (other than Permitted Investments) if, at the time thereof, the aggregate amount of such Investment Investments together with any other Restricted Payments made after the Closing Date would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10111012. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (ai) will shall be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company or a Restricted Subsidiary (without duplication under the provisions of clause (a) of paragraph (iv) of Section 1011 and (bii) may be made in cash or property (if made in property, the Fair Market Value thereof as determined by the Board of Directors of the Company (whose determination shall be conclusive and evidenced by a Board Resolution) shall be deemed to be the amount of such Investment for the purpose of clause (a)i) of this Section 1020).

Limitation on Investments in Unrestricted Subsidiaries. The Company will Parent shall not make, and will shall not permit any of its Restricted Subsidiaries to make, any Investments Investment in Unrestricted Subsidiaries (other than Permitted Investments) if, at the time thereof, the amount of such Investment would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10119.10 (including, without limitation, as a Permitted Investment). Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant Section 9.18 (ai) will be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company Parent or a Restricted Subsidiary (without duplication under the provisions of clause (aSection 9.10(a)(iv)) of paragraph (iv) of Section 1011 and (bii) may be made in cash or property (if made in property, the Fair Market Value fair market value thereof as determined by the Management Board of Directors of the Company (whose determination shall be conclusive and evidenced by a Board Resolution) shall be deemed to be the amount of such Investment for the purpose of clause (a)i) of this paragraph).

Limitation on Investments in Unrestricted Subsidiaries. The Company will shall not make, and will shall not permit any of its Restricted Subsidiaries to make, any Investments in Unrestricted Subsidiaries (other than Permitted Investments) if, at the time thereof, the 83 77 aggregate amount of such Investment Investments together with any other Restricted Payments made after the Closing Date would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10111012. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (ai) will shall be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company or a Restricted Subsidiary (without duplication under the provisions of clause (a) of paragraph (iv) of Section 1011 and (bii) may be made in cash or property (if made in property, the Fair Market Value thereof as determined by the Board of Directors of the Company (whose determination shall be conclusive and evidenced by a Board Resolution) shall be deemed to be the amount of such Investment for the purpose of clause (a)i) of this Section 1020).