07.03.2014 Views

Ardagh Glass Finance plc - Irish Stock Exchange

Ardagh Glass Finance plc - Irish Stock Exchange

Ardagh Glass Finance plc - Irish Stock Exchange

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Indenture, the Notes or any Guarantees or make any other provisions with respect to matters<br />

or questions arising under the Indenture, the Notes or any Guarantees; provided that, in each<br />

case, such provisions shall not adversely affect the interests of the holders of the Notes;<br />

(iv) to release any Guarantor in accordance with and if permitted by the terms of and limitations<br />

set forth in the Indenture and to add a Subsidiary Guarantor or other guarantor under the<br />

Indenture;<br />

(v) to evidence and provide the acceptance of the appointment of a successor Trustee under the<br />

Indenture;<br />

(vi) to mortgage, pledge, hypothecate or grant a security interest in favor of the Trustee for the<br />

benefit of the holders of the Notes as additional security for the payment and performance of<br />

the Issuer’s and any Guarantor’s obligations under the Indenture, in any property, or assets,<br />

including any of which are required to be mortgaged, pledged or hypothecated, or in which a<br />

security interest is required to be granted to the Trustee pursuant to the Indenture or<br />

otherwise;<br />

(vii) to provide for the issuance of Additional Notes in accordance with and if permitted by the<br />

terms of and limitations set forth in the Indenture.<br />

In formulating its opinion on such matters, the Trustee shall be entitled to require and rely on<br />

such evidence as it deems appropriate, including an opinion of counsel and an Officer’s Certificate.<br />

The Issuer will inform the <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong> of any material amendment to the Indenture or<br />

any supplement thereto. The Issuer will also publish a notice of any such material amendment in<br />

accordance with the provisions of the Indenture described immediately below under ‘‘—Notices’’.<br />

Notices<br />

Notices regarding the Notes will be:<br />

(a) (i) published through the newswire service of Bloomberg or, if Bloomberg does not then<br />

operate, any similar agency, and (ii) if and so long as the Notes are listed on the <strong>Irish</strong> <strong>Stock</strong><br />

<strong>Exchange</strong> and the rules and regulations of the <strong>Irish</strong> <strong>Stock</strong> <strong>Exchange</strong> so require, a newspaper<br />

having a general circulation in Ireland (which is expected to be The <strong>Irish</strong> Times); and<br />

(b) in the case of certificated Notes, mailed to holders of such Notes by first class mail at their<br />

respective addresses as they appear on the registration books of the registrar.<br />

Notices given by first class mail will be deemed given five calendar days after mailing and notices<br />

given by publication will be deemed given on the first date on which publication is made.<br />

If and for so long as the Notes are represented by Global Notes, notice to holders shall also be<br />

given by delivery of the relevant notice to Euroclear and Clearstream.<br />

If and so long as the Notes are listed on any other securities exchange, notices will also be given in<br />

accordance with any applicable requirements of such securities exchange.<br />

The Trustee<br />

The Indenture and provisions of the Trust Indenture Act included or expressly incorporated<br />

therein, directly or by reference, contain limitations on the rights of the Trustee under the Indenture in<br />

the event the Trustee becomes a creditor of the Issuer or any Guarantor. These include limitations on<br />

the Trustee’s rights to obtain payment of claims in certain cases or to realize on certain property<br />

received by it in respect of any such claims, as security or otherwise.<br />

132

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!