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Ardagh Glass Finance plc - Irish Stock Exchange

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(l) Liens arising by reason of any judgment, decree or order of any court so long as such Lien is<br />

adequately bonded and any appropriate legal proceedings that may have been duly initiated<br />

for the review of such judgment, decree or order shall not have been finally terminated or the<br />

period within which such proceedings may be initiated shall not have expired;<br />

(m) Liens on property existing at the time such property is acquired or on property of, or on<br />

shares of Capital <strong>Stock</strong> or Debt of, any Person existing at the time such Person is acquired by,<br />

merged with or into or consolidated with, the Parent Guarantor or any Restricted Subsidiary;<br />

provided that such Liens (i) do not extend to or cover any property or assets of the Parent<br />

Guarantor or any Restricted Subsidiary other than (A) the property or assets acquired or<br />

(B) the property or assets of the Person acquired, merged with or into or consolidated with<br />

the Parent Guarantor or Restricted Subsidiary and (ii) were created prior to, and not in<br />

connection with or in contemplation of such acquisition, merger or consolidation;<br />

(n) Liens securing the Parent Guarantor’s or any Restricted Subsidiary’s obligations under<br />

Commodity Hedging Agreements, Interest Rate Agreements or Currency Agreements<br />

permitted under clauses (h), (i) and (j) of paragraph (2) under ‘‘—Certain Covenants—<br />

Limitation on Debt’’ or any collateral for the Debt to which such Commodity Hedging<br />

Agreements, Interest Rate Agreements or Currency Agreements relate;<br />

(o) Liens incurred or deposits made in the ordinary course of business in connection with<br />

workers’ compensation, unemployment insurance and other types of social security or other<br />

insurance (including unemployment insurance);<br />

(p) Liens incurred in connection with a cash management program established in the ordinary<br />

course of business for the Parent Guarantor’s benefit or that of any Restricted Subsidiary in<br />

favor of a bank or trust company of the type described in paragraph (1) of ‘‘—Certain<br />

Covenants—Limitation on Guarantees of Debt by Restricted Subsidiaries’’;<br />

(q) Liens encumbering deposits made to secure obligations arising from statutory, regulatory,<br />

contractual, or warranty requirements of the Parent Guarantor or any Restricted Subsidiary,<br />

including rights of offset and set-off;<br />

(r) any extension, renewal or replacement, in whole or in part, of any Lien described in the<br />

foregoing clauses (a) through (q); provided that any such extension, renewal or replacement<br />

shall be no more restrictive in any material respect than the Lien so extended, renewed or<br />

replaced and shall not extend in any material respect to any additional property or assets;<br />

(s) Liens securing Debt incurred to refinance Debt that has been secured by a Lien permitted by<br />

the Indenture, provided that (i) any such Lien shall not extend to or cover any assets not<br />

securing the Debt so refinanced and (ii) the Debt so refinanced shall have been permitted to<br />

be incurred pursuant to clause (n) of paragraph (2) of the ‘‘Limitation on Debt’’ covenant;<br />

(t) purchase money Liens to finance property or assets of the Parent Guarantor or any Restricted<br />

Subsidiary acquired in the ordinary course of business; provided that (i) the related purchase<br />

money Debt shall not exceed the cost of such property or assets and shall not be secured by<br />

any property or assets of the Parent Guarantor or any Restricted Subsidiary other than the<br />

property and assets so acquired and (ii) the Lien securing such Debt shall be created within<br />

90 days of such acquisitions; and<br />

(u) Liens incurred in the ordinary course of business of the Parent Guarantor or any Restricted<br />

Subsidiary with respect to obligations that do not exceed A20 million at any one time<br />

outstanding and that (i) are not incurred in connection with the borrowing of money or the<br />

obtaining of advances or credit (other than trade credit in the ordinary course of business)<br />

and (ii) do not in the aggregate materially detract from the value of the property or materially<br />

148

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