Ardagh Glass Finance plc - Irish Stock Exchange
Ardagh Glass Finance plc - Irish Stock Exchange
Ardagh Glass Finance plc - Irish Stock Exchange
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‘‘Permitted Liens’’ means the following types of Liens:<br />
(a) Liens existing as of the date of the issuance of the Notes;<br />
(b) Liens securing Debt under Credit Facilities, the Senior Secured Notes and any other Senior<br />
Debt permitted to be incurred pursuant to ‘‘—Certain Covenants—Limitation on Debt’’ and<br />
Liens on any property or assets of the Parent Guarantor or a Restricted Subsidiary to secure<br />
Debt permitted to be incurred pursuant to clause (b) of paragraph (2) of ‘‘—Certain<br />
Covenants—Limitation on Debt’’;<br />
(c) Liens on assets given, disposed of, or otherwise transferred in connection with a Permitted<br />
Receivables Financing permitted to be incurred pursuant to clause (m) of paragraph (2) of<br />
‘‘—Certain Covenants—Limitation on Debt’’;<br />
(d) Liens on any property or assets of a Restricted Subsidiary granted in favor of the Parent<br />
Guarantor, the Issuer or any Restricted Subsidiary;<br />
(e) Liens on any of the Parent Guarantor’s or any Restricted Subsidiary’s property or assets<br />
securing the Notes or any Guarantees;<br />
(f) any interest or title of a lessor under any Capitalized Lease Obligation and Liens to secure<br />
Debt (including Capitalized Lease Obligations) permitted under ‘‘—Certain Covenants—<br />
Limitation on Debt’’ covering only the assets acquired with such Debt;<br />
(g) Liens arising out of conditional sale, title retention, consignment or similar arrangements for<br />
the sale of goods entered into by the Parent Guarantor or any Restricted Subsidiary in the<br />
ordinary course of business in accordance with the Parent Guarantor’s or such Restricted<br />
Subsidiary’s past practices prior to the date of the Indenture;<br />
(h) statutory Liens of landlords and carriers, warehousemen, mechanics, suppliers, materialmen,<br />
repairmen, employees, pension plan administrators or other like Liens arising in the ordinary<br />
course of the Parent Guarantor’s or any Restricted Subsidiary’s business and with respect to<br />
amounts not yet delinquent or being contested in good faith by appropriate proceedings and<br />
for which a reserve or other appropriate provision, if any, as shall be required in conformity<br />
with GAAP shall have been made or Liens arising solely by virtue of any statutory or common<br />
law provisions relating to attorney’s liens or bankers’ liens, rights of set-off or similar rights<br />
and remedies as to deposit accounts or other funds maintained with a creditor depositary<br />
institution;<br />
(i) Liens for taxes, assessments, government charges or claims that are not yet delinquent or that<br />
are being contested in good faith by appropriate proceedings promptly instituted and diligently<br />
conducted and for which a reserve or other appropriate provision, if any, as shall be required<br />
in conformity with GAAP shall have been made;<br />
(j) Liens incurred or deposits made to secure the performance of tenders, bids or trade or<br />
government contracts, or to secure leases, statutory or regulatory obligations, surety or appeal<br />
bonds, performance bonds or other obligations of a like nature incurred in the ordinary course<br />
of business (other than obligations for the payment of money);<br />
(k) zoning restrictions, easements, licenses, reservations, title defects, rights of others for<br />
rights-of-way, utilities, sewers, electrical lines, telephone lines, telegraph wires, restrictions,<br />
encroachments and other similar charges, encumbrances or title defects and incurred in the<br />
ordinary course of business that do not in the aggregate materially interfere with in any<br />
material respect the ordinary conduct of the business of the Parent Guarantor and its<br />
Restricted Subsidiaries on the properties subject thereto, taken as a whole;<br />
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