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This excerpt taken from the LUX 6-K filed Nov 19, 2009. Controlled
Foreign Corporations: no obligation of a US Obligor under this Agreement
or any Transaction Document shall be guaranteed by, or otherwise supported
directly or indirectly by the assets of, a Non-US Person unless such Non-US
Person is not a “controlled foreign
corporation” as defined in Section 957(a) of the Internal
Revenue Code. For the avoidance of
doubt, this sub-clause shall not limit any obligation of a United States Person
under this Agreement or the Finance Documents to pledge as security
(a) all of the stock of a controlled foreign corporation held directly by
such United States Person not entitled to vote and (b) less than 66 2/3%
of the total combined voting power of all classes of stock of a controlled foreign
corporation held directly by such United States Person entitled to vote.
79
These excerpts taken from the LUX 6-K filed Nov 8, 2007. Controlled Foreign Corporations: no obligation of a US Obligor under this
Agreement or any Transaction Document shall be guaranteed by, or otherwise
supported directly or indirectly by the assets of, a Non-US Person unless such
Non-US Person is not a “controlled foreign
corporation” as defined in Section 957(a) of the Internal Revenue
Code. For the avoidance of doubt, this sub-clause shall not limit any
obligation of a United States Person under this Agreement or the Finance
Documents to pledge as security (a) all of the stock of a controlled foreign
corporation held directly by such United States Person not entitled to vote and
(b) less than 66 2/3% of the total combined voting power of all classes of
stock of a controlled foreign corporation held directly by such United States
Person entitled to vote.
Controlled Foreign Corporations: no obligation of a US Obligor under this Agreement or
any Transaction Document shall be guaranteed by, or otherwise supported
directly or indirectly by the assets of, a Non-US Person unless such Non-US
Person is not a “controlled foreign corporation”
as defined in Section 957(a) of the Internal Revenue Code. For the avoidance of
doubt, this sub-clause shall not limit any obligation of a United States Person
under this Agreement or the Finance Documents to pledge as security (a) all of
the stock of a controlled foreign corporation held directly by such United
States Person not entitled to vote and (b) less than 66 2/3% of the total
combined voting power of all classes of stock of a controlled foreign
corporation held directly by such United States Person entitled to vote.
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