Common use of Effectiveness of Covenants Clause in Contracts

Effectiveness of Covenants. The covenants set forth in Sections 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 4.11, 4.13 and 4.15 will no longer be in effect upon the Company attaining Investment Grade Status (the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless of whether the Company’s credit rating is subsequently downgraded from Investment Grade Status.

Appears in 3 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

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Effectiveness of Covenants. The covenants set forth in Sections 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 4.11, 4.13 4.13, 4.15 and 4.15 4.19 will no longer be in effect upon the Company attaining Investment Grade Status (the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless of whether the Company’s credit rating is subsequently downgraded from Investment Grade Status.

Appears in 2 contracts

Samples: Indenture (E Trade Financial Corp), Indenture (E Trade Financial Corp)

Effectiveness of Covenants. The covenants set forth in Sections 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 4.11, 4.13 and 4.15 will no longer be in effect upon the Company attaining Investment Invest- ment Grade Status (collectively, the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless of whether the Company’s credit rating is subsequently downgraded from Investment Grade Status.

Appears in 1 contract

Samples: Indenture (E Trade Financial Corp)

Effectiveness of Covenants. The covenants set forth in described under Sections 4.033.2, 4.043.3, 4.053.4, 4.063.6, 4.073.7, 4.083.8, 4.103.10, 4.11, 4.13 3.12 and 4.15 3.13 (the "Suspended Covenants") will no longer be in effect upon the Company attaining Investment Grade Status (Status. Notwithstanding the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless of whether foregoing, if at any time the Company’s 's credit rating is subsequently downgraded from Investment Grade Status, the Suspended Covenants shall be reinstated in full force and effect to the same extent as though the Company had never attained Investment Grade Status.

Appears in 1 contract

Samples: Indenture (Russell Corp)

Effectiveness of Covenants. The covenants set forth in described under Sections 4.033.3, 4.043.4, 4.053.6, 4.063.7, 4.073.8 and 3.11 and clause (3) of Section 4.1 (collectively, 4.08, 4.10, 4.11, 4.13 and 4.15 the “Suspended Covenants”) will no longer be in effect upon from and after the Company attaining first date on which both (a) the Securities have an Investment Grade Status Rating from either of the rating agencies and (the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless b) no Default or Event of whether the Company’s credit rating Default has occurred and is subsequently downgraded from Investment Grade Statuscontinuing under this Indenture.

Appears in 1 contract

Samples: Indenture (Nuevo Permian Inc.)

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Effectiveness of Covenants. The covenants set forth in Sections 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 4.11, 4.13 and 4.15 will no longer be in effect upon the Company attaining Investment Grade Status (collectively, the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless of whether the Company’s credit rating is subsequently downgraded from Investment Grade Status.

Appears in 1 contract

Samples: Indenture (E Trade Financial Corp)

Effectiveness of Covenants. The covenants set forth in Sections 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.10, 4.11, 4.13 4.12 and 4.15 4.14 will no longer be in effect upon the Company attaining Investment Grade Status (collectively, the “Terminated Covenants”). The Terminated Covenants will not be reinstated regardless of whether the Company’s credit rating is subsequently downgraded from Investment Grade Status.

Appears in 1 contract

Samples: Senior Indenture (E TRADE FINANCIAL Corp)

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