Ardagh Glass Finance plc - Irish Stock Exchange

In addition, certain negative covenants restrict the ability of each member of the Group, without
the prior consent of the agent and subject to specified exceptions, to, among other things:
• create, agree to create or permit to subsist any encumbrance on its present or future assets or
any part of them;
• incur or permit to subsist borrowings;
• sell or dispose of its undertaking, business or assets;
• provide loans, credit, financial guarantees, bonds or indemnities or assume any liability or give
any assurance in respect of any person;
• make any material change to the nature of its business or discontinue any material part of the
Group’s business as a whole; and
• in the case of the Parent Guarantor only, redeem or purchase any of its shares or otherwise
reduce its share capital or declare or pay any dividends or make payments or distributions of
capital or income or issue any further shares.
The Amended and Restated Anglo Irish Senior Credit Facility also contains certain events of
default, including, among other things:
• non-payment by any obligor under the facility agreement of principal, interest, fees or other
amounts due under the facility agreement or related documents;
• breach of any representation, warranty or statement made by or in relation to any member of
the Group in the facility agreement or related documents unless the relevant underlying
circumstances are remedied within 30 days;
• breach of certain negative or financial covenants;
• failure to comply with any other provision of the facility agreement or related documents and
such default remains unremedied for 30 days;
• non-payment by any member of the Group of certain borrowings due and payable or due and
payable before their stated maturity by reason of an event of default, in each case in excess of a
certain amount;
• the suspension of payments, execution or appropriation of assets, enforcement proceedings,
bankruptcy, insolvency, liquidation, winding-up, dissolution, administration or assignment for the
benefit of creditors or related matters in respect of any material subsidiary;
• the unlawfulness or invalidity of that facility agreement or related documents or the obligations
thereunder;
• the occurrence of a Material Adverse Effect (as defined in that facility agreement); and
• the failure by any obligor to comply with its obligations in or the provisions of the Intercreditor
Agreement which would have a Material Adverse Effect (as defined in that facility agreement).
If an event of default occurs and is continuing, the agent may cancel any unborrowed amount of
that facility, reducing the commitment of each lender thereunder to zero, and/or declare all amounts
outstanding under that facility, together with accrued interest, fees and all other amounts payable under
that agreement, to be immediately due and payable, without demand or other notice.
GE Commercial Finance Facility
Ardagh Glass Limited entered into a facility agreement dated March 23, 2009 with GE
Commercial Finance Limited pursuant to which GE Commercial Finance Limited has made available
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