Waiver of Compliance with. Certain Provisions of the Indenture in Connection With the Clearnet Transfer. Subject to Section 3.01 hereof, compliance by the Company with Section 1009 of the Indenture (including clause (iv) of the first paragraph thereof), to the extent that such Section would apply to limit the ability of the Company to transfer all of the capital stock of Clearnet that is held directly by the Company on the date hereof to McCaw International, Ltd. ("MIL"), a wholly owned Unrestricted Xxxxidiary of the Company, or to any direct or indirect wholly owned subsidiary of MIL that is designated by MIL as the intended recipient of such equity interest in Clearnet, is hereby waived. As a result of such waiver, any such transfer shall not be deemed a Restricted Payment under Section 1009 of the Indenture.
Appears in 1 contract
Samples: Fourth Supplemental Indenture (Nextel Communications Inc)
Waiver of Compliance with. Certain Provisions of the Indenture in Connection With the Clearnet Transfer. Subject to Section 3.01 hereof, compliance by the Company with Section 1009 1010 of the Indenture (including clause (iv) of the first paragraph thereof), to the extent that such Section would apply to limit the ability of the Company to transfer all of the capital stock of Clearnet that is held directly by the Company on the date hereof to McCaw International, Ltd. ("MIL"), a wholly owned Unrestricted Xxxxidiary Xxxxxdiary of the Company, or to any direct or indirect wholly owned subsidiary of MIL that is designated by MIL as the intended recipient of such equity interest in Clearnet, is hereby waived. As a result of such waiver, any such transfer shall not be deemed a Restricted Payment under Section 1009 1010 of the Indenture.
Appears in 1 contract
Samples: Third Supplemental Indenture (Nextel Communications Inc)
Waiver of Compliance with. Certain Provisions of the Indenture in Connection With the Clearnet Transfer. Subject to Section 3.01 hereof, compliance by the Company with Section 1009 1010 of the Indenture (including clause (iv) of the first paragraph thereof), to the extent that such Section would apply to limit the ability of the Company to transfer all of the capital stock of Clearnet that is held directly by the Company on the date hereof to McCaw International, Ltd. ("MIL"), a wholly owned Unrestricted Xxxxidiary Unrestrictex Xxxsidiary of the Company, or to any direct or indirect wholly owned subsidiary of MIL that is designated by MIL as the intended recipient of such equity interest in Clearnet, is hereby waived. As a result of such waiver, any such transfer shall not be deemed a Restricted Payment under Section 1009 1010 of the Indenture.
Appears in 1 contract
Samples: Fifth Supplemental Indenture (Nextel Communications Inc)
Waiver of Compliance with. Certain Provisions of the Indenture in Connection With the Clearnet Transfer. Subject to Section 3.01 hereof, compliance by the Company with Section 1009 10.9 of the Indenture (including clause (iv) of the first paragraph thereof), to the extent that such Section would apply to limit the ability of the Company to transfer all of the capital stock of Clearnet that is held directly by the Company on the date hereof to McCaw International, Ltd. ("MIL"), a wholly owned Unrestricted Xxxxidiary Unrestrictxx Xubsidiary of the Company, or to any direct or indirect wholly owned subsidiary of MIL that is designated by MIL as the intended recipient of such equity interest in Clearnet, is hereby waived. As a result of such waiver, any such transfer shall not be deemed a Restricted Payment under Section 1009 10.9 of the Indenture.
Appears in 1 contract
Samples: Third Supplemental Indenture (Nextel Communications Inc)