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.

lease has been extended or may, at the option of the lessor, be extended, or until the earliest date on<br />

which the lessee may terminate such lease without penalty or upon payment of penalty (in which case<br />

the rental payments shall include such penalty), after excluding from such rental payments all amounts<br />

required to be paid on account of maintenance and repairs, insurance, taxes, assessments, water,<br />

utilities and similar charges.<br />

‘‘Average Life’’ means, as of the date of determination with respect to any Debt, the quotient<br />

obtained by dividing:<br />

(a) the sum of the products of:<br />

(i) the numbers of years from the date of determination to the date or dates of each<br />

successive scheduled principal payment of such Debt multiplied by<br />

(ii) the amount of each such principal payment;<br />

by<br />

(b) the sum of all such principal payments.<br />

‘‘Bund Rate’’ means, with respect to any redemption date, the rate per annum equal to the<br />

equivalent yield to maturity as of such redemption date of the Comparable German Bund issue,<br />

assuming a price for the Comparable German Bund issue (expressed as a percentage of its principal<br />

amount) equal to the Comparable German Bund Price for such redemption date, where:<br />

(a) ‘‘Comparable German Bund Issues’’ means the German Bundesanleihe security selected by<br />

any Reference German Bund Dealer as having a fixed maturity most nearly equal to the<br />

period from such redemption date to February 1, 2015, and that would be utilized, at the time<br />

of selection and in accordance with customary financial practice, in pricing new issues of euro<br />

denominated corporate debt securities in a principal amount approximately equal to the then<br />

outstanding principal amount of the Notes and of a maturity most nearly equal to February 1,<br />

2015; provided that if the period from such redemption date to February 1, 2015 is less than<br />

one year, a fixed maturity of one year shall be used;<br />

(b) ‘‘Comparable German Bund Price’’ means, with respect to any redemption date, the average<br />

of the Reference German Bund Dealer Quotations for such redemption date, after excluding<br />

the highest and lowest such Reference German Bund Dealer Quotations, or if the Issuer<br />

obtains fewer than four such Reference German Bund Dealer Quotations, the average of all<br />

such quotations;<br />

(c) ‘‘Reference German Bund Dealer’’ means any dealer of German Bundesanleihe securities<br />

appointed by the Trustee in consultation with the Issuer; and<br />

(d) ‘‘Reference German Bund Dealer Quotations’’ means, with respect to each Reference German<br />

Bund Dealer and any redemption date, the average as determined by the Issuer of the bid and<br />

offered prices for the Comparable German Bund issue (expressed in each case as a<br />

percentage of its principal amount) quoted in writing to the Issuer by such Reference German<br />

Bund Dealer at 3:30 p.m. Frankfurt, Germany time on the third business day preceding such<br />

redemption date.<br />

‘‘Business Day’’ means a day of the year on which banks are not required or authorized by law to<br />

close in Dublin, New York City or London and, in relation to a transaction involving euro, any<br />

TARGET day.<br />

‘‘Capital <strong>Stock</strong>’’ means, with respect to any Person, any and all shares, interests, partnership<br />

interests (whether general or limited), participations, rights in or other equivalents (however<br />

designated) of such Person’s equity, any other interest or participation that confers the right to receive<br />

135

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

Saved successfully!

Ooh no, something went wrong!