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

Changes in Covenants When Notes Rated Investment Grade. (a) If on any date following the date of this Indenture: (1) the Notes are rated Baa3 or better by Xxxxx’x or BBB- or better by Standard & Poor’s (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 Section 3(a)(62) under the Exchange Act, selected by the Company as a replacement agency); and (2) no Default or Event of Default shall have occurred and be continuing (clauses (1) and (2) collectively, a “Covenant Suspension Event”), then, beginning on that day and subject to the provisions of Section 10.19(b), the following Sections shall be suspended: (a) Section 10.10; (b) Section 10.07; (c) Section 10.09; (d) Section 10.08; (e) Section 10.15; (f) Section 10.11; (g) Section 8.01(4); (h) Section 10.17(1)(a) and (3); and (i) Section 10.13;

Changes in Covenants When Notes Rated Investment Grade. (a) If on any date following the date of this Indenture: (1) the Notes are rated Baa3 or better by Xxxxx’x Moody's or BBB- or better by Standard & Poor’s S&P (or, if either such entity ceases to rate ceasex xx xxte 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 Section 3(a)(62Rule 15c3-1(c)(2)(vi)(F) under the Exchange Act, Act selected by the Company as a replacement agency); and (2) no Default or Event of Default shall have occurred and be continuing (clauses (1) and (2) collectively, a “Covenant Suspension Event”)continuing, then, beginning on that day and subject continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, the covenants specifically described under the following captions in this offering memorandum (the "Fall Away Covenants") will no longer be applicable to the provisions of Section 10.19(b), the following Sections shall be suspendedNotes: (a1) Section 10.104.08;" (b2) Section 10.074.09;" (c3) Section 10.094.10;" (d4) Section 10.084.11;" (e5) Section 10.154.12;" (f6) Section 10.11; clauses (g) Section 8.01(4); (h) Section 10.17(1)(a1)(a) and (3); ) of Section 4.17 hereof; (7) Section 4.20;" and (i8) clause (4) of Section 10.13;5.01 hereof.

Changes in Covenants When Notes Rated Investment Grade. (a) If on any date following the date of this Indenture: (1) the Notes are rated Baa3 or better by Xxxxx’x Moody's or BBB- or better by Standard & Poor’s S&P (or, if either such entity ceases to rate ceasex xx xxte 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 Section 3(a)(62Rule 15c3-1(c)(2)(vi)(F) under the Exchange Act, Act selected by the Company as a replacement agency); and (2) no Default or Event of Default shall have occurred and be continuing (clauses (1) and (2) collectively, a “Covenant Suspension Event”)continuing, then, beginning on that day and subject continuing at all times thereafter regardless of any subsequent changes in the rating of the Notes, the covenants specifically described under the following captions in this Indenture (the "Fall Away Covenants") will no longer be applicable to the provisions of Section 10.19(b), the following Sections shall be suspendedNotes: (a1) Section 10.104.08;" (b2) Section 10.074.09;" (c3) Section 10.094.10;" (d4) Section 10.084.11;" (e5) Section 10.154.12;" (f6) Section 10.11; clauses (g) Section 8.01(4); (h) Section 10.17(1)(a1)(a) and (3); ) of Section 4.17 hereof; (7) Section 4.20;" and (i8) clause (4) of Section 10.13;5.01 hereof.