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 if, at the time thereof, the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 1012. Any Investments in Unrestricted Subsidiaries permitted to be made pursuant to this covenant (i) will be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company or a Subsidiary and (ii) 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 (i)).

Limitation on Investments in Unrestricted Subsidiaries. The Company will not makeshall not, and will shall not permit any of its Restricted Subsidiaries to maketo, make any Investments in Unrestricted Subsidiaries if, at the time thereof, the aggregate amount of such Investments would exceed the amount of Restricted Payments then permitted to be made pursuant to Section 10121009. Any Investments Investment in an Unrestricted Subsidiaries Subsidiary permitted to be made pursuant to this covenant Section 1017 (i) will shall be treated as the making of a Restricted Payment in calculating the amount of Restricted Payments made by the Company or a Subsidiary any Restricted Subsidiary, without duplication, under the provisions of clause (iv) of paragraph (a) of Section 1009 and (ii) may be made in cash or property (if made in property, the Fair Market Value fair market value thereof as determined by the Board of Directors of the Company (Company, whose determination shall be conclusive conclusive) and evidenced by a Board Resolution) shall be deemed to be the amount of such Investment for the purpose of clause (i))) of this Section 1017.