Ardagh Glass Finance plc - Irish Stock Exchange

previously incurred in reliance on this clause (f) and still outstanding will not in the
aggregate exceed the greater of A50 million and 3.75% of Total Assets, and provided,
further, that the total principal amount of any Debt incurred in connection with an
acquisition or development permitted under this clause (f) did not in each case at the
time of incurrence exceed (i) the Fair Market Value of the acquired or constructed asset
or improvement so financed or (ii) in the case of an uncompleted constructed asset, the
amount of the asset to be constructed, as determined on the date the contract for
construction of such asset was entered into by the Parent Guarantor or the relevant
Restricted Subsidiary (including, in each case, any reasonable related fees and expenses
incurred in connection with such acquisition, construction or development);
(g) the incurrence by the Parent Guarantor or any Restricted Subsidiary of Debt arising from
agreements providing for guarantees, indemnities or obligations in respect of purchase
price adjustments in connection with the acquisition or disposition of assets, including,
without limitation, shares of Capital Stock, other than guarantees or similar credit support
given by the Parent Guarantor or any Restricted Subsidiary of Debt incurred by any
Person acquiring all or any portion of such assets for the purpose of financing such
acquisition, provided that the maximum aggregate liability in respect of all such Debt
permitted pursuant to this clause (g) will at no time exceed the net proceeds, including
non-cash proceeds (the Fair Market Value of such non-cash proceeds being measured at
the time received and without giving effect to any subsequent changes in value) actually
received from the sale of such assets;
(h) the incurrence by the Parent Guarantor or any Restricted Subsidiary of Debt under
Commodity Hedging Agreements entered into in the ordinary course of business and not
for speculative purposes;
(i) the incurrence by the Parent Guarantor or any Restricted Subsidiary of Debt under
Currency Agreements entered into in the ordinary course of business and not for
speculative purposes;
(j) the incurrence by the Parent Guarantor or any Restricted Subsidiary of Debt under
Interest Rate Agreements entered into in the ordinary course of business and not for
speculative purposes;
(k) the incurrence of Debt by the Parent Guarantor or any Restricted Subsidiary of Debt in
respect of workers’ compensation and claims arising under similar legislation, or pursuant
to self-insurance obligations and not in connection with the borrowing of money or the
obtaining of advances or credit;
(l) the incurrence of Debt by the Parent Guarantor or any Restricted Subsidiary arising from
(i) the honoring by a bank or other financial institution of a check, draft or similar
instrument inadvertently (except in the case of daylight overdrafts) drawn against
insufficient funds in the ordinary course of business; provided that such Debt is
extinguished within 5 business days of incurrence, (ii) bankers’ acceptances, performance,
surety, judgment, appeal or similar bonds, instruments or obligations, (iii) completion
guarantees provided or letters of credit obtained by the Parent Guarantor or any
Restricted Subsidiary in the ordinary course of business; and (iv) the financing of
insurance premiums in the ordinary course of business;
(m) any Debt of the Parent Guarantor or any Restricted Subsidiary incurred pursuant to the
GE Commercial Finance Facility or any other Permitted Receivables Financing in an
aggregate principal amount at any one time outstanding not to exceed the maximum
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