Ardagh Glass Finance plc - Irish Stock Exchange

a share of the profits and losses, or distributions of assets of, such Person and any rights (other than
debt securities convertible into or exchangeable for Capital Stock), warrants or options exchangeable
for or convertible into such Capital Stock, whether now outstanding or issued after the date of the
Indenture.
‘‘Capitalized Lease Obligation’’ means, with respect to any Person, any obligation of such Person
under a lease of (or other agreement conveying the right to use) any property (whether real, personal
or mixed), which obligation is required to be classified and accounted for as a capital lease obligation
under GAAP, and, for purposes of the Indenture, the amount of such obligation at any date will be the
capitalized amount thereof at such date, determined in accordance with GAAP and the Stated Maturity
thereof will be the date of the last payment of rent or any other amount due under such lease prior to
the first date such lease may be terminated without penalty.
‘‘Cash Equivalents’’ means any of the following:
(a) any evidence of Debt with a maturity of 180 days or less from the date of acquisition issued or
directly and fully guaranteed or insured by a member state of the European Union or
European Economic Area, the United States of America, any state thereof or the District of
Columbia, Canada, Switzerland, Australia or any agency or instrumentality thereof (each, an
‘‘Approved Jurisdiction’’);
(b) time deposit accounts, certificates of deposit, money market deposits or bankers’ acceptances
with a maturity of 180 days or less from the date of acquisition issued by a bank or trust
company having combined capital and surplus and undivided profits of not less than
A500 million, whose debt has a rating, at the time any investment is made therein, of at least
A or the equivalent thereof by S&P and at least A2 or the equivalent thereof by Moody’s;
(c) commercial paper with a maturity of 180 days or less from the date of acquisition issued by a
corporation that is not the Issuer’s or any Restricted Subsidiary’s Affiliate and is at the time
of acquisition, rated at least A-1 or the equivalent thereof by S&P or at least P-1 or the
equivalent thereof by Moody’s;
(d) repurchase obligations with a term of not more than seven days for underlying securities of
the type described in clause (a) or (b) above entered into with a financial institution meeting
the qualifications described in clause (b) above; and
(e) investments in money market mutual funds at least 95% of the assets of which constitute Cash
Equivalents of the kind described in clauses (a) through (d) above.
‘‘Change of Control’’ has the meaning given to such term under ‘‘—Purchase of Notes upon a
Change of Control’’.
‘‘Commission’’ means the U.S. Securities and Exchange Commission.
‘‘Commodity Hedging Agreements’’ means any type of commodity hedging agreement designed to
protect against or manage exposure to fluctuations in commodity prices and entered into in good faith
in the ordinary course of business for such purposes.
‘‘Consolidated Adjusted Net Income’’ means, for any period, the Parent Guarantor’s and the
Restricted Subsidiaries’ consolidated net income (or loss) for such period as determined in accordance
with GAAP, adjusted by excluding (to the extent included in such consolidated net income or loss),
without duplication:
(a) any net after-tax extraordinary gains or losses;
(b) any net after-tax gains or losses attributable to sales of assets of the Parent Guarantor or any
Restricted Subsidiary that are not sold in the ordinary course of business;
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