Changes in Covenants when Note Rated Investment Grade. If on any date following the date of this Indenture: (1) the Notes are rated Baa3 or better by Xxxxx’x and BBB- or better by S&P; and (2) no Default or Event of Default shall have occurred and be continuing. then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, the covenants in Sections 4.07, 4.08, 4.09, 4.10, 4.11, 4.16 and 5.01(a)(4) will no longer be applicable to the Notes.
Appears in 3 contracts
Samples: Indenture (Angiotech America, Inc.), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Angiotech Pharmaceuticals Inc)
Changes in Covenants when Note Rated Investment Grade. If on any date following the date of this Indenture:
(1) the Notes are rated Baa3 or better by Xxxxx’x and BBB- or better by S&P; and
(2) no Default or Event of Default shall have occurred and be continuing. then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, the covenants in Sections 4.07, 4.08, 4.09, 4.10, 4.11, 4.16 4.17 and 5.01(a)(4) will no longer be applicable to the Notes.
Appears in 3 contracts
Samples: Indenture (Surgical Specialties UK Holdings LTD), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Tercentenary Holdings, Corp.)