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Ardagh Glass Finance plc - Irish Stock Exchange

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etain Permitted Junior Securities and payments made from the trust (if any) described under ‘‘—Legal<br />

Defeasance or Covenant Defeasance of Indenture’’).<br />

Payment Blockage Provisions<br />

The Indenture also will provide that a Subsidiary Guarantor may not make any payment in respect<br />

of its Guarantee (except in Permitted Junior Securities or from the trust (if any) described under<br />

‘‘—Legal Defeasance or Covenant Defeasance of Indenture’’) if:<br />

(a) a payment default on Designated Senior Debt of such Subsidiary Guarantor has occurred and<br />

is continuing beyond any applicable grace period; or<br />

(b) any other default occurs and is continuing on any Designated Senior Debt of such Subsidiary<br />

Guarantor that permits the holders of that Designated Senior Debt to accelerate its maturity<br />

and the Trustee receives a notice of such default (a ‘‘Payment Blockage Notice’’) from the<br />

Issuer or the holders of such Designated Senior Debt.<br />

Payments on any such Guarantee of a Subsidiary Guarantor may and will be resumed:<br />

(i) in the case of a payment default on Designated Senior Debt, when such default is cured or<br />

waived; or<br />

(ii) in the case of a non-payment default on Designated Senior Debt, upon the earlier of the date<br />

on which such non-payment default is cured or waived and 179 days after the date on which<br />

the applicable Payment Blockage Notice is received, unless the maturity of any Designated<br />

Senior Debt has been accelerated.<br />

No new Payment Blockage Notice may be delivered unless and until (x) 360 days have elapsed<br />

since the delivery of the immediately prior Payment Blockage Notice and (y) all scheduled payments of<br />

principal, premium, if any, and interest on the Notes that have come due have been paid in full in<br />

cash.<br />

No non-payment default that existed or was continuing on the date of delivery of a Payment<br />

Blockage Notice to the Trustee will be, or be made, the basis for a subsequent Payment Blockage<br />

Notice.<br />

Turnover<br />

If the Trustee receives a payment in respect of the Notes (except in Permitted Junior Securities or<br />

from the trust (if any) described under ‘‘—Legal Defeasance or Covenant Defeasance of Indenture’’)<br />

when:<br />

(a) the payment is prohibited by the subordination provisions of the Indenture described in this<br />

‘‘—Ranking of the Notes and the Guarantees; Subordination’’ section; and<br />

(b) the Trustee or the holder of the Note has actual knowledge that payment is so prohibited;<br />

then the Trustee will hold the payment on trust for the benefit of the holders of the relevant Senior<br />

Debt and, upon the proper written request of the holders of the relevant Senior Debt, the Trustee will<br />

deliver the amounts in trust to the Senior Agent or any other proper representative of the holders of<br />

the relevant Senior Debt.<br />

Intercreditor Agreement<br />

The Indenture, the Notes and the Guarantees will be subject to the terms of the Intercreditor<br />

Agreement and any additional intercreditor agreements entered into in the future (without any further<br />

consent of the holders of the Notes) in favor of the holders of Designated Senior Debt of the<br />

Subsidiary Guarantors to give effect to the preceding subordination provisions of the Indenture<br />

96

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