Ardagh Glass Finance plc - Irish Stock Exchange

(b) the rescission would not conflict with any judgment or decree of a court of competent
jurisdiction; and
(c) all Events of Default, other than the non-payment of amounts of principal of, premium, if
any, and any Additional Amounts and interest on the Notes that has become due solely
by such declaration of acceleration, have been cured or waived.
No such rescission shall affect any subsequent default or impair any right consequent thereon.
(5) The holders of not less than a majority in aggregate principal amount of the outstanding
Notes may, on behalf of the holders of all the Notes, waive any past defaults under the
Indenture, except a default:
(a) in the payment of the principal of, premium, if any, and Additional Amounts or interest
on any Note; or
(b) in respect of a covenant or provision which under the Indenture cannot be modified or
amended without the consent of the holders of 90% of the outstanding Notes.
(6) No holder of any of the Notes has any right to institute any proceedings with respect to the
Indenture or any remedy thereunder, unless the holders of at least 25% in aggregate principal
amount of the outstanding Notes have made a written request to, and offered indemnity or
security satisfactory to, the Trustee to institute such proceeding as trustee under the Notes and
the Indenture, the Trustee has failed to institute such proceeding within 30 days after receipt
of such notice and indemnity or security and the Trustee within such 30-day period has not
received directions inconsistent with such written request by holders of a majority in aggregate
principal amount of the outstanding Notes. Such limitations do not, however, apply to a suit
instituted by a holder of a Note for the enforcement of the payment of the principal of,
premium, if any, and Additional Amounts or interest on such Note on or after the respective
due dates expressed in such Note.
(7) If a Default or an Event of Default occurs and is continuing and is known to the Trustee, the
Trustee will mail to each holder of the Notes notice of the Default or Event of Default within
15 Business Days after its occurrence. Except in the case of a Default or an Event of Default
in payment of principal of, premium, if any, Additional Amounts or interest on any Notes, the
Trustee may withhold the notice to the holders of such Notes if a committee of its trust
officers in good faith determines that withholding the notice is in the interests of the holders
of the Notes.
(8) The Issuer and the Parent Guarantor are required to furnish to the Trustee annual statements
as to the performance of the Issuer, the Parent Guarantor and the Restricted Subsidiaries
under the Indenture and as to any default in such performance. The Issuer and the Parent
Guarantor are also required to notify the Trustee within 15 Business Days of the occurrence
of any Default stating what action, if any, they are taking with respect to that Default.
Legal Defeasance or Covenant Defeasance of Indenture
The Indenture will provide that the Issuer and the Parent Guarantor may, at their option and at
any time prior to the Stated Maturity of the Notes, elect to have the obligations of the Issuer, the
Parent Guarantor and the Subsidiary Guarantors discharged with respect to the outstanding Notes
(‘‘Legal Defeasance’’). Legal Defeasance means that the Issuer will be deemed to have paid and
discharged the entire Debt represented by the outstanding Notes except as to:
(a) the rights of holders of outstanding Notes to receive payments in respect of the principal of,
premium, if any, and interest on such Notes when such payments are due;
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