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iesy Repository GmbH - Irish Stock Exchange

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(3) Liens imposed by law, including carriers’, warehousemen’s, mechanics’, landlords’, materialmen’s and repairmen’s<br />

or other like Liens, in each case for sums not yet overdue for a period of more than 60 days or that are bonded or being<br />

contested in good faith by appropriate proceedings if a reserve or other appropriate provisions, if any, as shall be required<br />

by GAAP, shall have been made in respect thereof;<br />

(4) Liens for taxes, assessments or other governmental charges not yet delinquent or which are being contested in good<br />

faith by appropriate proceedings; provided that appropriate reserves required pursuant to GAAP have been made in<br />

respect thereof;<br />

(5) Liens in favor of issuers of surety, performance or other bonds or letters of credit or bankers’ acceptances (not<br />

issued to support Indebtedness for borrowed money) issued pursuant to the request of and for the account of the Issuer or<br />

any Restricted Subsidiary in the ordinary course of its business;<br />

(6) ground leases, easements (including reciprocal easement agreements), survey exceptions, or reservations of, or<br />

rights of others for, licenses, rights of way, sewers, electric lines, telegraph, telephone and cable lines and other similar<br />

purposes, or zoning, building codes or other similar restrictions (including minor defects or irregularities in title and<br />

similar encumbrances) as to the use of real properties or Liens incidental to the conduct of the business of the Issuer and<br />

its Restricted Subsidiaries or to the ownership of its properties which do not in the aggregate materially adversely affect<br />

the value of said properties or materially impair their use in the operation of the business of the Issuer and its Restricted<br />

Subsidiaries;<br />

(7) Liens securing Hedging Obligations permitted under the Indenture;<br />

(8) leases, licenses, subleases and sublicenses of assets (including real property and intellectual property rights), in each<br />

case entered into in the ordinary course of business and which do not materially interfere with the ordinary conduct of the<br />

business of the Issuer or any of its Restricted Subsidiaries;<br />

(9) Liens arising out of judgments, decrees, orders or awards not giving rise to an Event of Default so long as any<br />

appropriate legal proceedings which may have been duly initiated for the review of such judgment, decree, order or award<br />

have not been finally terminated or the period within which such proceedings may be initiated has not expired;<br />

(10) Liens for the purpose of securing Capitalized Lease Obligations, Purchase Money Obligations or SLA<br />

Agreements, or securing the payment of all or a part of the purchase price of, or securing other Indebtedness Incurred to<br />

finance or refinance the acquisition, improvement or construction of, assets or property acquired or constructed in the<br />

ordinary course of business; provided that (a) other than in the case of SLA Agreements, the aggregate principal amount<br />

of Indebtedness secured by such Liens is otherwise permitted to be Incurred under the Indenture and does not exceed the<br />

cost of the assets or property so acquired or constructed and (b) any such Lien may not extend to any assets or property of<br />

the Issuer or any Restricted Subsidiary other than assets or property acquired, improved, constructed or leased with the<br />

proceeds of such Indebtedness and any improvements or accessions to such assets and property;<br />

(11) Liens arising solely by virtue of any statutory or common law provisions relating to banker’s Liens, rights of setoff<br />

or similar rights and remedies as to deposit accounts or other funds maintained with a depositary or financial<br />

institution;<br />

(12) Liens on any property or assets of the Issuer or any Restricted Subsidiary existing on, or provided for under<br />

written agreements existing on, the Issue Date;<br />

(13) Liens on property, other assets or shares of stock of a Person at the time such Person becomes a Restricted<br />

Subsidiary (or at the time the Issuer or a Restricted Subsidiary acquires such property, other assets or shares of stock,<br />

including any acquisition by means of a merger, consolidation or other business combination transaction with or into the<br />

Issuer or any Restricted Subsidiary); provided, however, that such Liens are not created, Incurred or assumed in<br />

anticipation of or in connection with, such other Person becoming a Restricted Subsidiary (or such acquisition of such<br />

property, other assets or stock); provided, further, that such Liens are limited to all or part of the same property, other<br />

assets or stock (plus improvements, accession, proceeds or dividends or distributions in connection with the original<br />

property, other assets or stock) that secured (or, under the written arrangements under which such Liens arose, could<br />

secure) the obligations to which such Liens relate;<br />

(14) Liens securing Indebtedness or other obligations of a Restricted Subsidiary owing to the Issuer or another<br />

Restricted Subsidiary, or of the Issuer owing to a Restricted Subsidiary or Liens in favor of the Issuer or any Subsidiary<br />

Guarantor;<br />

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