Covenant Termination. If at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) of this sentence as of the date of such certificate, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.20, and Section 5.01(a)(iv). However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 9 contracts
Samples: Twenty First Supplemental Indenture (Genesis Energy Lp), Twentieth Supplemental Indenture (Genesis Energy Lp), Eighteenth Supplemental Indenture (Genesis Energy Lp)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, Rating and (b) no Event of Default has occurred and is continuing under this Indenture and (c) excluding, for the Issuers have delivered avoidance of doubt, any Default under one or more of the provisions listed below, provided that such Default did not exist immediately prior to the transaction or series of related transactions resulting in the applicable change in ratings), then upon delivery by the Company to the Trustee of an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) of this sentence as of the date of such certificateforegoing effect, the Company and its Restricted Subsidiaries will no longer be subject to the following provisions of Section 3.09, Section this Indenture: Sections 4.07, Section 4.08, Section 4.09, 4.10 or 4.11 or clause (d) of Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.20, and Section 5.01(a)(iv)5.01. However, the The Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture, including, without limitation, Sections 4.03, 4.12, 4.13, 4.17 and 5.01 other than clause (d) thereof).
Appears in 3 contracts
Samples: Sixth Supplemental Indenture (Whiting Petroleum Corp), Third Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp)
Covenant Termination. If Notwithstanding any provision of this Indenture or of the Notes to the contrary, if at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x both of the Ratings Agencies is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to Sections 4.07, 4.08, 4.09, 4.11, 4.13, 4.18 and clause (4) of Section 5.01 of this Indenture and no Default or Event of Default shall result from any failure to comply with any of the provisions of Section 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.20, and Section 5.01(a)(iv). However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenturesuch Sections.
Appears in 2 contracts
Samples: Indenture (Exterran Partners, L.P.), Indenture (Exterran Partners, L.P.)
Covenant Termination. If at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) of this sentence as of the date of such certificate, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, 4.18 and 4.20 and clause (d) of Section 4.18, Section 4.20, and Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 2 contracts
Samples: Indenture (Genesis Energy Lp), Indenture (Genesis Energy Lp)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company Parent and its Restricted Subsidiaries will no longer be subject to the provisions of Section 3.09, Section 4.07, Section 4.08, Section Sections 4.09, 5.07, 5.08, 5.09, 5.10, 5.11, 5.17, clauses (1)(a) and (3) of Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.205.18, and clause (d) of Section 5.01(a)(iv)6.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 2 contracts
Samples: Second Supplemental Indenture (Summit Midstream Partners, LP), First Supplemental Indenture (Summit Midstream Partners, LP)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x Xxxxx'x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ ' Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, clauses (1)(a) and (3) of Section 4.18, and clause (d) of Section 4.20, and Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
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Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company Parent and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, clauses (1)(a) and (3) of Section 4.18, and clause (d) of Section 4.20, and Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
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Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Default or Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, clauses (1)(a) and (3) of Section 4.18, and clause (d) of Section 4.20, and Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (PetroLogistics LP)
Covenant Termination. If Notwithstanding any provision of this Indenture or of the Notes to the contrary, if at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x each of the Ratings Agencies is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to Sections 4.07, 4.08, 4.09, 4.10, 4.11 and 4.13 of this Indenture and no Default or Event of Default shall result from any failure to comply with any of the provisions of Section 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.20, and Section 5.01(a)(iv). However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenturesuch Sections.
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Covenant Termination. If at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x or Mxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) of this sentence as of the date of such certificate, the Company and its Restricted Subsidiaries following provisions will no longer be subject to terminated (collectively, the provisions of “Terminated Covenants”): Section 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.20, and Section 5.01(a)(iv). Thereafter, the Company and its Restricted Subsidiaries shall not be subject to any of the Terminated Covenants. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (Enviva Partners, LP)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company Parent and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.06, 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.114.16, clauses (1)(a) and (3) of Section 4.17, and clause (d) of Section 4.18, Section 4.20, and Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 1 contract
Samples: Indenture Agreement (Summit Midstream Partners, LP)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have Company has delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.204.19, and clause (d) of Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (Exterran Holdings Inc.)
Covenant Termination. If at any time (a) the rating assigned to the Notes by S&P and Xxxxx’x is have an Investment Grade Rating, (b) no Event of Default (other than a Reporting Default) has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.13, 4.17, Section 4.18, Section 4.204.19, and clause (d) of Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (EV Energy Partners, LP)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, clauses (1)(a) and (3) of Section 4.18, and clause (d) of Section 4.20, and Section 5.01(a)(iv)5.01 of this Indenture. However, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture.
Appears in 1 contract
Samples: Indenture (Crosstex Energy Lp)
Covenant Termination. If at any time (a) the rating assigned to the Notes by both S&P and Xxxxx’x is an Investment Grade Rating, (b) no Event of Default has occurred and is continuing under this Indenture and (c) the Issuers have delivered to the Trustee an Officers’ Certificate certifying to the matters specified in clauses (a) and (b) foregoing provisions of this sentence as of the date of such certificatesentence, the Company and its Restricted Subsidiaries will no longer be subject to the provisions of Section Sections 3.09, Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17, Section 4.18, Section 4.204.16, and clause (d) of Section 5.01(a)(iv). However5.01 of this Indenture; provided, however, the Company and its Restricted Subsidiaries will remain subject to all of the other provisions of this Indenture. After the foregoing covenants have been terminated, the Company may not designate any of its Subsidiaries as Unrestricted Subsidiaries.
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