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: (a) The Notes are rated Baa3 or better by Xxxxx’x and BBB- or better by S&P (or, if either such entity ceases to rate the Notes for reasons outside of the control of the Company, the equivalent investment grade credit rating from any other “nationally recognized statistical rating organization” within the meaning of Rule 15c3-1(c)(2)(vi)(F) under the Exchange Act selected by the Company as a replacement agency); and (b) no Default or Event of Default will have occurred and be continuing under this Indenture, then, beginning on that day, the following Sections in this Indenture will no longer be applicable to the Notes: 4.07, 4.08, 4.09, 4.10, 4.11, clauses (1)(a) and (3) of Section 4.15 and clause (iv) of Section 5.01.

Appears in 2 contracts

Samples: Indenture (Xm Satellite Radio Holdings Inc), Indenture (Xm Satellite Radio Holdings Inc)

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Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture: (a) The the Notes are rated Baa3 or better by Xxxxx’x Xxxxx'x and BBB- BBB - or better by S&P (or, in either case, if either such entity person ceases to rate the Notes for reasons outside of the control of the Company, the equivalent investment grade credit rating from any other "nationally recognized statistical rating organization" within the meaning of Rule 15c3-1(c)(2)(vi)(F) under the Exchange Act selected by the Company as a replacement agency) (such date being the "Rating Event Date"); and (b) no Default or Event of Default will shall have occurred and be continuing under this Indenturecontinuing, then, then beginning on that dayday and continuing at all times thereafter regardless of any changes in the rating of the Notes, the following Sections in this Indenture 4.07, 4.08, 4.09, 4.10, 4.11 and 4.21 hereof and clause (iv)(B) of Section 5.01 hereof will no longer be applicable to the Notes: 4.07, 4.08, 4.09, 4.10, 4.11, clauses (1)(a) and (3) of Section 4.15 and clause (iv) of Section 5.01.

Appears in 1 contract

Samples: Indenture (Omni Med B Inc)

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Changes in Covenants When Notes Rated Investment Grade. If on any date following the date of this Indenture: : (ai) The the Notes are rated Baa3 or better by Xxxxx’x Xxxxx'x and BBB- or better by S&P (or, if either such entity ceases to rate the Notes for reasons outside of the control of the Company, the equivalent investment grade credit rating from any other "nationally recognized statistical rating organization" within the meaning of Rule 15c3-1(c)(2)(vi)(F) under the Exchange Act selected by the Company as a replacement agency); and ) and (bii) no Default or Event of Default will shall have occurred and be continuing under this Indenturecontinuing, then, beginning on that dayday and subject to the provisions of the following paragraph, the following provisions and covenants contained in Sections in this Indenture will no longer be applicable to the Notes: 4.07, 4.08, 4.09, 4.10, 4.114.11 and 4.17 hereof, clauses (1)(aiii)(A) and (3B) of the third paragraph of Section 4.15 4.13 hereof and clause clauses (iviv)(A) and (B) of the first paragraph of Section 5.015.01 hereof will no longer be in effect.

Appears in 1 contract

Samples: Indenture (L 3 Communications Holdings Inc)

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