Common use of Changes in Covenants When Notes Rated Investment Grade Clause in Contracts

Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture the Notes have an Investment Grade Rating from both of the Rating Agencies and no Default or Event of Default has occurred and is continuing (a "Fall Away Event"), then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, Sections 3.09, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12(a), 4.13, 4.15, 4.16(a), 4.17 and Section 5.01(a)(4) hereof shall no longer be applicable to the Notes.

Appears in 4 contracts

Samples: Indenture (Fort James Corp), Indenture (Georgia Pacific Corp), Indenture (Georgia Pacific Corp)

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Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture Indenture: (a) the Notes have of all then outstanding series are assigned an Investment Grade Rating from both either of the Rating Agencies and (such date being the “Rating Event Date”); and (b) no Default or Event of Default has shall have occurred and is continuing (a "Fall Away Event")be continuing, then, then beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, Sections 3.09, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12(a), 4.13, 4.154.14 and 4.20 hereof, 4.16(a), 4.17 clause (i)(a) of the proviso to Section 4.16 and clause (iv) of Section 5.01(a)(4) 5.01 hereof shall no will not longer be applicable to the Notes.

Appears in 1 contract

Samples: Indenture (Amerisourcebergen Corp)

Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture (a) the Notes have an are rated Investment Grade Rating from by both of the Rating Agencies and (b) no Default or Event of Default has occurred and is continuing (a "Fall Away Event")continuing, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, Sections 3.09, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12(a)4.12, 4.134.14, 4.154.17, 4.16(a)4.20, 4.17 and Section 4.21, 5.01(a)(4) hereof shall and 5.01(b)(4) will no longer be applicable to the Notes.

Appears in 1 contract

Samples: Indenture (Dycom Industries Inc)

Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture Supplemental Indenture: (i) the Notes have an are rated Investment Grade Rating from both by at least two of the Rating Agencies and Agencies, and (ii) no Default or Event of Default has will have occurred and is continuing (a "Fall Away Event")be continuing, then, then beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, the Company and its Subsidiaries will not be subject to the provisions of this Supplemental Indenture described in Sections 3.09, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12(a), 4.13, 4.15, 4.16(a), 4.17 4.19 and clause (iv) of Section 5.01(a)(4) hereof shall no longer be applicable to the Notes5.01.

Appears in 1 contract

Samples: Fifth Supplemental Indenture (Ball Corp)

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Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture (a) the Notes have an are rated Investment Grade Rating from by both of the Rating Agencies and (b) no Default or Event of Default has occurred and is continuing (a "Fall Away Event")continuing, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, Sections 3.09, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12(a)4.12, 4.134.14, 4.154.17, 4.16(a), 4.17 4.20 and Section 5.01(a)(4) hereof shall 4.21 will no longer be applicable to the Notes.

Appears in 1 contract

Samples: Indenture (Dycom Industries Inc)

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