Common use of Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries Clause in Contracts

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; or (iv) issuances of Common Stock that has no preference with respect to dividends or upon liquidation, the Net Cash Proceeds of which are promptly applied as provided in clause (ii) of Section 4.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s 's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and Subsidiary; PROVIDED that any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 4.04, if made on the date of such issuance or sale; or (iv) issuances or sales of Common Stock that has no preference with respect to dividends or upon liquidationStock, the Net Cash Proceeds net cash proceeds of which which, if any, are promptly applied as provided in pursuant to clause (iiA) or (B) of Section 4.11.; and

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and shall not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Wholly-Owned Subsidiary that, at the time of such sale, is a Restricted Subsidiary; , (ii) in the case of issuances of director’s qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign by a Restricted Subsidiaries, to the extent required by applicable law; (iii) Subsidiary if, immediately after giving effect to such issuance or saleissuance, the Company maintains its percentage ownership of such Restricted Subsidiary would no longer constitute Subsidiary, or (iii) the issuance to or ownership by directors of directors’ qualifying shares or the issuance to or ownership by a Person of Capital Stock of any Restricted Subsidiary Subsidiary, to the extent mandated by applicable law and otherwise permitted under this First Priority Indenture, provided that in the case of clause (ii) above, any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under shall comply with Section 4.04 if made on the date 4.21 of such issuance or sale; or (iv) issuances of Common Stock that has no preference with respect to dividends or upon liquidation, the Net Cash Proceeds of which are promptly applied as provided in clause (ii) of Section 4.11this First Priority Indenture.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s 's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 10.04 if made on the date of such issuance or sale; or (iv) issuances or sales of Common Stock of a Restricted Subsidiary, provided that has no preference with respect to dividends the Company or upon liquidation, such Restricted Subsidiary applies the Net Cash Proceeds Proceeds, if any, of which are promptly applied as provided any such sale in clause (ii) of compliance with Section 4.1110.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and shall not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s Director's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; or (iv) issuances or sales of Common Stock or Membership Interests of a Restricted Subsidiary, provided that has no preference with respect to dividends the Company or upon liquidation, such Restricted Subsidiary applies the Net Cash Proceeds Proceeds, if any, of which are promptly applied as provided any such sale in accordance with clause (iiA) or (B) of Section 4.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; or (iv) issuances or sales of Common Stock that has no preference with respect to dividends or upon liquidation, of Restricted Subsidiaries the Net Cash Proceeds of which (if any) are promptly applied as provided in clause (iiA) or (B) of the first paragraph of Section 4.114.10.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s 's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; or (iv) issuances or sales of Common Stock of a Restricted Subsidiary, provided that has no preference with respect to dividends the Company or upon liquidation, such Restricted Subsidiary applies the Net Cash Proceeds Proceeds, if any, of which are promptly applied as provided any such sale in accordance with clause (iiA) or (B) of Section 4.114.10.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s 's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; and (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and Subsidiary, provided any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 13.6, if made on the date of such issuance or sale; or (iv) issuances of Common Stock that has no preference with respect to dividends or upon liquidation, the Net Cash Proceeds of which are promptly applied as provided in clause (ii) of Section 4.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and shall not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s 's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; sale or (iv) issuances or sales of Common Stock that has no preference with respect to dividends or upon liquidation, of a Restricted Subsidiary if the Net Cash Proceeds of which thereof are promptly applied as provided in accordance with clause (iiA) or (B) of Section 4.11.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and shall not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; , (ii) issuances of director’s 's qualifying shares shares, or sales to foreign nationals of shares of Capital Stock of foreign Restricted Subsidiaries, to the extent required by applicable law; , (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; sale or (iv) issuances or sales of Common Stock Shares of a Restricted Subsidiary, provided that has no preference with respect to dividends the Company or upon liquidation, such Restricted Subsidiary applies the Net Cash Proceeds Proceeds, if any, of which are promptly applied as provided any such sale in accordance with clause (iiA) or (B) of the first paragraph of Section 4.114.10.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except (i) to the Company or a Wholly Owned Restricted Subsidiary; (ii) issuances of director’s 's qualifying shares or sales to foreign nationals of shares issuances of Capital Stock to nationals of foreign the jurisdiction of organization of a Restricted SubsidiariesSubsidiary, to the extent required by applicable law; (iii) if, immediately after giving effect to such issuance or sale, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person remaining after giving effect to such issuance or sale would have been permitted to be made under Section 4.04 if made on the date of such issuance or sale; or (iv) issuances or sales of Common Stock of a Restricted Subsidiary, PROVIDED that has no preference with respect to dividends the Company or upon liquidation, such Restricted Subsidiary applies the Net Cash Proceeds Proceeds, if any, of which are promptly applied as provided any such sale in accordance with clause (iiA), (B) or (C) of Section 4.114.10.