Common use of Discontinued Agency Clause in Contracts

Discontinued Agency. If one of the foregoing credit rating agencies ceases to be in the business of rating Debt Securities and such business is not continued by a successor or assign of such agency (the "Discontinued Agency"), Party A and Party B shall jointly (i) select a nationally-recognized credit rating agency in substitution thereof and (ii) agree on the rating level issued by such substitute agency that is equivalent to the ratings specified herein of the Discontinued Agency, whereupon such substitute agency and equivalent rating shall replace the Discontinued Agency and the rating level thereof for the purposes of this Agreement. If at any time all of the agencies specified herein with respect to a party have become Discontinued Agencies and Party A and Party B have not previously agreed in good faith on at least one agency and equivalent rating in substitution for a Discontinued Agency and the applicable rating thereof, the Credit Downgrade provision of Part 1(l) of this Agreement shall cease to apply to the parties. For the avoidance of doubt, failure by either party to comply with this paragraph shall not constitute an Event of Default or Termination Event with respect to such party.

Appears in 2 contracts

Samples: Master Agreement (Cef Equipment Holding LLC), Master Agreement (Cef Equipment Holding LLC)

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Discontinued Agency. If one of the foregoing credit rating agencies ceases to be in the business of rating Debt Securities and such business is not continued by a successor or assign of such agency (the "Discontinued Agency"), Party A and Party B shall jointly (i) select a nationally-recognized credit rating agency in substitution thereof and (ii) agree on the rating level issued by such substitute agency that is equivalent to the ratings specified herein of the Discontinued Agency, whereupon such substitute agency and equivalent rating shall replace the Discontinued Agency and the rating level thereof for the purposes of this Agreement. If at any time all of the agencies specified herein with respect to a party have become Discontinued Agencies and Party A and Party B have not previously agreed in good faith on at least one agency and equivalent rating in substitution for a each Discontinued Agency and the applicable rating thereof, the Credit Downgrade provision provisions of Part 1(l1(m)(i) of this Agreement shall cease to apply to the parties. For the avoidance of doubt, failure by either party to comply with this paragraph shall not constitute an Event of Default or Termination Event with respect to such party.

Appears in 2 contracts

Samples: Master Agreement (GE Equipment Midticket LLC, Series 2006-1), Master Agreement (Cef Equipment Holding Ge Commerical Equip Fin Series 2004-1)

Discontinued Agency. If one of the foregoing credit rating agencies ceases to be in the business of rating Debt Securities and such business is not continued by a successor or assign of such agency (the "β€œDiscontinued Agency"”), Party A and Party B shall jointly (i) select a nationally-recognized credit rating agency in substitution thereof and (ii) agree on the rating level issued by such substitute agency that is equivalent to the ratings specified herein of the Discontinued Agency, whereupon such substitute agency and equivalent rating shall replace the Discontinued Agency and the rating level thereof for the purposes of this Agreement. If at any time all of the agencies specified herein with respect to a party have become Discontinued Agencies and Party A and Party B have not previously agreed in good faith on at least one agency and equivalent rating in substitution for a each Discontinued Agency and the applicable rating thereof, the Credit Downgrade provision provisions of Part 1(l1(m)(i) of this Agreement shall cease to apply to the parties. For the avoidance of doubt, failure by either party to comply with this paragraph shall not constitute an Event of Default or Termination Event with respect to such party.

Appears in 1 contract

Samples: Master Agreement (Cef Equipment Holding LLC)

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Discontinued Agency. If one of the foregoing credit rating agencies ceases to be in the business of rating Debt Securities and such business is not continued by a successor or assign of such agency (the "Discontinued Agency"), Party A and Party B shall jointly (i) select a nationally-recognized credit rating agency in substitution thereof and (ii) agree on the rating level issued by such substitute agency that is equivalent to the ratings specified herein of the Discontinued Agency, whereupon such substitute agency and equivalent rating shall replace the Discontinued Agency and the rating level thereof for the purposes of this Agreement. If at any time all of the agencies specified herein with respect to a party have become Discontinued Agencies and Party A and Party B have not previously agreed in good faith on at least one agency and equivalent rating in substitution for a each Discontinued Agency and the applicable rating thereof, the Credit Downgrade provision provisions of Part 1(l1(m) of this Agreement shall cease to apply to the parties. For the avoidance of doubt, failure by either party to comply with this paragraph shall not constitute an Event of Default or Termination Event with respect to such party.

Appears in 1 contract

Samples: Master Agreement (Cef Equipment Holding LLC)

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