Common use of Indebtedness of a Restricted Subsidiary Clause in Contracts

Indebtedness of a Restricted Subsidiary. owing to CGI Borrower or any Restricted Subsidiary; provided that (i) if a Borrower or a Guarantor incurs such Indebtedness owing to a Restricted Subsidiary that is not a Borrower or a Guarantor, such Indebtedness is subordinated in right of payment to the Guarantee of such Guarantor or the other Obligations of such Borrower, as applicable, and (ii) if a Restricted Subsidiary that is not a Credit Party incurs such Indebtedness owing to a Credit Party, such Investment shall be permitted by Section 11.5; provided, further, that any subsequent transfer of any such Indebtedness (except to Holdings, CGI Borrower or any Restricted Subsidiary or any pledge of such Indebtedness constituting a Permitted Lien) shall be deemed, in each case to be an incurrence of such Indebtedness not permitted by this clause (g);

Indebtedness of a Restricted Subsidiary. or the Borrower owing to CGI the Borrower or any a Restricted Subsidiary; provided that (ix) if a the Borrower or a Guarantor incurs Loan Party Incurs such Indebtedness owing to a Restricted Subsidiary that is not a Borrower or a GuarantorNon-Loan Party, such Indebtedness is subordinated in right of payment to the Borrower’s Obligations or Guarantee of such Guarantor or the other Obligations of such BorrowerLoan Party, as applicable, pursuant to the Intercompany Subordination Agreement and (iiy) if any subsequent issuance or transfer of any Capital Stock or any other event that results in any Restricted Subsidiary lending such Indebtedness ceasing to be a Restricted Subsidiary that is not a Credit Party incurs such Indebtedness owing to a Credit Party, such Investment shall be permitted by Section 11.5; provided, further, that or any other subsequent transfer of any such Indebtedness (except to Holdings, CGI the Borrower or any another Restricted Subsidiary or any pledge of such Indebtedness constituting a Permitted LienSubsidiary) shall be deemed, in each case case, to be an incurrence Incurrence of such Indebtedness not permitted by this clause (gi);

Indebtedness of a Restricted Subsidiary. owing to, or Disqualified Stock of a Restricted Subsidiary issued, to CGI Borrower Holdings, the Borrowers or any another Restricted Subsidiary; provided provided, that (i) if a Borrower or a Guarantor incurs such any Indebtedness owing to a Restricted Subsidiary that is not a Borrower or a Guarantor, such Indebtedness is subordinated in right of payment to the Guarantee of such Guarantor or the other Obligations of such Borrower, as applicable, and (ii) if a any Restricted Subsidiary that is not a Credit Party incurs such Indebtedness owing owed to a Credit Party, such Party must otherwise be (1) an Investment shall be permitted hereunder (other than pursuant to clause (xi) of the definition of “Permitted Investment”) or (2) permitted by Section 11.510.5; provided, further, that any subsequent transfer of any such Indebtedness Indebtedness, Disqualified Stock (except to Holdings, CGI Borrower the Borrowers or any another Restricted Subsidiary or any pledge of such Indebtedness constituting a Permitted Lien) shall be deemed, in each case to be an incurrence of such Indebtedness Indebtedness, or issuance of Disqualified Stock, not permitted by this clause (g)clause;