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 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; (iv) the sale of Common Stock of Restricted Subsidiaries that is not Disqualified Stock, if the proceeds of such issuance or sale are applied in accordance with clause (A) or (B) of the first paragraph of Section 4.11 or (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employment.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and will shall not permit any Restricted SubsidiarySubsidiary (other than the Guarantor), 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 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 affect 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; , (iv) the sale of Common Stock of Restricted Subsidiaries that is not Disqualified Stock, if the proceeds of such issuance or sale are applied in accordance with clause (A) or (B) of the first paragraph of Section 4.11 4.12 or (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. each Restricted Subsidiary to employees of ConeXia S.A. such Restricted Subsidiary in connection with such employment.

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 except: (i1) to the Company or a Wholly-Wholly Owned Restricted Subsidiary; ; (ii2) 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; ; (iii3) 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 4.07 if made on the date of such issuance or sale; or (iv4) the sale sales of Common Capital Stock of Restricted Subsidiaries that is not (other than Disqualified Stock) (including options, if the proceeds warrants or other rights to purchase shares of such issuance Capital Stock) of a Restricted Subsidiary, provided that the Company or such Restricted Subsidiary either (a) applies the Net Cash Proceeds of any such sale are applied in accordance with clause (A) Section 4.10 or (Bb) to the extent such sale is of the first paragraph of preferred stock, such sale is permitted under Section 4.11 or (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employment4.09.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company GST will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, sell any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except except (i) to the Company GST or a Wholly-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 saleSubsidiary; or (iv) the a sale of Common Stock of Restricted Subsidiaries Phoenix Fiber, and in connection and concurrently with such sale, a sale of Common Stock of GST Tucson Lightwave, Inc.; PROVIDED that is not Disqualified Stock, if the proceeds of any such issuance or sale are under this clause (iv) shall be applied in accordance with clause (A) or (B) of the first paragraph of Section 4.11 4.12. The Company will not sell, and will not permit any Subsidiary, directly or (v) the transfer indirectly, to issue or sell, any shares of up to 3% Capital Stock of a Subsidiary of the Common Stock Company (including options, warrants or other rights to purchase shares of ConeXia S.A. to employees of ConeXia S.A. in connection with such employmentCapital Stock).

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company Borrower 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 except: (ia) to the Company Borrower or a Wholly-Wholly Owned Restricted Subsidiary; ; (iib) issuances of director’s 's qualifying shares or sales to foreign nationals of shares of Capital Stock of foreign Restricted Foreign Subsidiaries, to the extent required by applicable law; ; (iiic) 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 6.3 if made on the date of such issuance or sale; or (ivd) the sale sales of Common Capital Stock of Restricted Subsidiaries that is not other than Disqualified StockStock (including options, if the proceeds warrants or other rights to purchase shares of such issuance Capital Stock) of a Restricted Subsidiary by the Borrower or a Restricted Subsidiary, provided that the Borrower or such Restricted Subsidiary applies the Net Cash Proceeds of any such sale are applied in accordance with clause (A) or (B) of the first second paragraph of Section 4.11 or (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employment6.10.

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-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 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 4.04, if made on the date of such issuance or sale; and (iv) the sale issuances of Common Stock of Restricted Subsidiaries that is not Disqualified StockResNet (x) to TCI Satellite pursuant to the terms of the ResNet Transaction Documents as in effect on the Closing Date and (y) in exchange for, if or the net proceeds of such issuance or sale which are applied in accordance with clause (A) or (B) used solely for, redemptions of the first paragraph of Section 4.11 or (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employmentResNet.

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 except: (i1) to the Company or a Wholly-Wholly Owned Restricted Subsidiary; ; (ii2) issuances of director’s qualifying shares or sales to foreign nationals or other persons of shares of Capital Stock of foreign Restricted Subsidiaries, in each case, to the extent required by applicable law; ; (iii3) 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 4.07 if made on the date of such issuance or sale; or (iv4) the sale sales of Common Capital Stock of Restricted Subsidiaries that is not (other than Disqualified Stock) (including options, if the proceeds warrants or other rights to purchase shares of such issuance Capital Stock) of a Restricted Subsidiary; provided that the Company or such Restricted Subsidiary either (a) applies the Net Cash Proceeds of any such sale are applied in accordance with clause (A) Section 4.10 or (Bb) to the extent such sale is of the first paragraph of preferred stock, such sale is permitted under Section 4.11 or (v) the transfer of up to 3% of the Common Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employment4.09.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company will shall not sell, and will 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 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 (x) Common Stock of a Restricted Subsidiary; provided that the Company or such Restricted Subsidiary applies the Net Cash Proceeds, if any, of any such sale (other than any sale of Common Stock of Restricted Subsidiaries that is not Disqualified Stock, if the proceeds of such issuance or sale are applied a New Business Subsidiary) in accordance with clause (A) or (B) of the first paragraph of Section 4.11 or 4.10 and (vy) the transfer of up to 3% of the Common Preferred Stock of ConeXia S.A. to employees of ConeXia S.A. in connection with such employmenta New Business Subsidiary.

Limitation on the Issuance and Sale of Capital Stock of Restricted Subsidiaries. The Company GST will not sell, and will not permit any Restricted Subsidiary, directly or indirectly, to issue or sell, sell any shares of Capital Stock of a Restricted Subsidiary (including options, warrants or other rights to purchase shares of such Capital Stock) except except (i) to the Company GST or a Wholly-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 saleSubsidiary; or (iv) the a sale of Common Stock of Restricted Subsidiaries Phoenix Fiber, and in connection and concurrently with such sale, a sale of Common Stock of GST Tucson Lightwave, Inc.; PROVIDED that is not Disqualified Stock, if the proceeds of any such issuance or sale are under this clause (iv) shall be applied in accordance with clause (A) or (B) of the first paragraph of Section 4.11 4.12. The Company will not sell, and will not permit any of its Subsidiaries, directly or (v) the transfer indirectly, to issue or sell any shares of up to 3% Capital Stock of a Subsidiary of the Common Stock Company (including options, warrants or other rights to purchase shares of ConeXia S.A. to employees of ConeXia S.A. in connection with such employmentCapital Stock).