Common use of Limitation on the Sale Clause in Contracts

Limitation on the Sale. or Issuance of Capital Stock of ------------------------------------------------------ Restricted Subsidiaries. The Company (1) shall not, and shall not permit any ----------------------- Restricted Subsidiary to, sell, lease, transfer or otherwise dispose of any Capital Stock of any Restricted Subsidiary to any Person (other than to the Company, XX Xxxxxxx or a Wholly Owned Subsidiary), and (2) shall not permit any Restricted Subsidiary to issue any of its Capital Stock (other than, if necessary, shares of its Capital Stock constituting directors' or other legally required qualifying shares) to any Person (other than the Company, XX Xxxxxxx or a Wholly Owned Subsidiary) unless (A) immediately after giving effect to such issuance, sale or other disposition, neither the Company nor any of its Subsidiaries owns any Capital Stock of such Restricted Subsidiary or (B) immediately after giving effect to such issuance, sale or other disposition, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person (other than in the case of an Exempt Subsidiary) remaining after giving effect thereto is treated as a new Investment by the Company and such Investment would have been permitted to be made under Section 4.04 if made on the date of such issuance, sale or other disposition.

Limitation on the Sale. or Issuance of Capital Stock of ------------------------------------------------------ Restricted Subsidiaries. The Company (1) shall not, and shall not permit any ----------------------- ------------------------ Restricted Subsidiary to, sell, lease, transfer or otherwise dispose of any Capital Stock of any Restricted Subsidiary to any Person (other than to the Company, XX Xxxxxxx Company or a Wholly Owned Subsidiary), and (2) shall not permit any Restricted Subsidiary to issue any of its Capital Stock (other than, if necessary, shares of its Capital Stock constituting directors' or other legally required qualifying shares) to any Person (other than the Company, XX Xxxxxxx Company or a Wholly Owned Subsidiary) unless (A) immediately after giving effect to such issuance, sale or other disposition, neither the Company nor any of its Subsidiaries owns any Capital Stock of such Restricted Subsidiary or (B) immediately after giving effect to such issuance, sale or other disposition, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person (other than in the case of an Exempt Subsidiary) remaining after giving effect thereto is treated as a new Investment by the Company and such Investment would have been permitted to be made under Section 4.04 if made on the date of such issuance, sale or other disposition.

Limitation on the Sale. or Issuance of Capital Stock of ------------------------------------------------------ Restricted Subsidiaries. The Company (1) shall not, and shall not permit any ----------------------- Restricted Subsidiary to, sell, lease, transfer or otherwise dispose of any Capital Stock of any Restricted Subsidiary to any Person (other than to the Company, XX Xxxxxxx Company or a Wholly Owned Subsidiary), and (2) shall not permit any Restricted Subsidiary to issue any of its Capital Stock (other than, if necessary, shares of its Capital Stock constituting directors' or other legally required qualifying shares) to any Person (other than the Company, XX Xxxxxxx Company or a Wholly Owned Subsidiary) unless (A) immediately after giving effect to such issuance, sale or other disposition, neither the Company nor any of its Subsidiaries owns any Capital Stock of such Restricted Subsidiary or (B) immediately after giving effect to such issuance, sale or other disposition, such Restricted Subsidiary would no longer constitute a Restricted Subsidiary and any Investment in such Person (other than in the case of an Exempt Subsidiary) remaining after giving effect thereto is treated as a new Investment by the Company and such Investment would have been permitted to be made under Section 4.04 if made on the date of such issuance, sale or other disposition.

Limitation on the Sale. or Issuance of Capital Stock of ------------------------------------------------------ Restricted Subsidiaries. ----------------------- The Company (1) shall not, and Company shall not permit any ----------------------- Restricted Subsidiary to, sell, lease, transfer sell or otherwise dispose of any Capital Stock of a Restricted Subsidiary, and shall not permit any Restricted Subsidiary Subsidiary, directly or indirectly, to issue or sell or otherwise dispose of any Person of its Capital Stock except (other than i) to the Company, XX Xxxxxxx Company or a Wholly Owned Subsidiary), and (2ii) shall not permit any Restricted Subsidiary to issue any of its Capital Stock (other thanif, if necessary, shares of its Capital Stock constituting directors' or other legally required qualifying shares) to any Person (other than the Company, XX Xxxxxxx or a Wholly Owned Subsidiary) unless (A) immediately after giving effect to such issuance, sale or other disposition, neither the Company nor any of its Subsidiaries owns own any Capital Stock of such Restricted Subsidiary or Subsidiary, (Biii) if, immediately after giving effect to such issuance, sale or other disposition, such Restricted Subsidiary (x) would no longer constitute a Restricted Subsidiary and any Investment in such Person (other than in the case of an Exempt Subsidiary) remaining after giving effect thereto is treated as a new Investment by the Company and such Investment would have been permitted to be made under Section 4.04 4.10 if made on the date of such issuance, sale or other dispositiondisposition or (y) would remain a Restricted Subsidiary or (iv) directors' qualifying shares.