Common use of Fall-Away Event Clause in Contracts

Fall-Away Event. If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Xxxxx’x and Standard & Poor’s, and the Issuer has delivered written notice of such Investment Grade Ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of the Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes with respect to the Terminated Covenants based on, and none of the Issuer or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes attain Investment Grade Ratings, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.

Fall-Away Event. If on any date following the Issue Date (i) the Notes have Investment Grade Ratings investment grade ratings from both Xxxxx’x and Standard & Poor’s, and the Issuer has delivered written notice of such Investment Grade Ratings investment grade ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of the Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes with respect to the Terminated Covenants based on, and none of the Issuer or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes attain Investment Grade Ratingsan investment grade rating, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.

Fall-Away Event. If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Xxxxx’x and Standard & Poor’s, and the Issuer has delivered written notice of such Investment Grade Ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of the Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes with respect to the Terminated Covenants based on, and none of the Issuer or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes attain Investment Grade Ratingsan investment grade rating, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.

Fall-Away Event. If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Xxxxx’x Moody’s and Standard & Poor’s, and the Issuer has delivered written notice of such Investment Grade Ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of the Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes with respect to the Terminated Covenants based on, and none of the Issuer or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes attain Investment Grade Ratings, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.

Fall-Away Event. If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Xxxxx’x and Standard & Poor’s, and the Issuer has delivered written notice of such Investment Grade Ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of the such Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes with respect to the Terminated Covenants based on, and none of the Issuer or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes attain Investment Grade Ratingsan investment grade rating, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.

Fall-Away Event. If on any date following the Issue Date (i) the Notes have Investment Grade Ratings investment grade ratings from both Xxxxx’x and Standard & Poor’s, and the Issuer Starz has delivered written notice of such Investment Grade Ratings investment grade ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of the Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 4.12, clause (2) of Section 4.14, Section 4.20 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes with respect to the Terminated Covenants based on, and none of the Issuer Starz or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes attain Investment Grade Ratingssuch investment grade ratings, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.

Fall-Away Event. If on any date following the Issue Date (i) the Notes of either series have Investment Grade Ratings investment grade ratings from both Xxxxx’x and Standard & Poor’s, and the Issuer has delivered written notice of such Investment Grade Ratings investment grade ratings to the Trustee, and (ii) no Default has occurred and is continuing under this Indenture, then, beginning on that day and continuing at all times thereafter regardless of any subsequent changes in the ratings of such series of the Notes or the occurrence of any Default, the provisions in the following sections shall no longer be applicable to the Notes of such series (collectively, the “Terminated Covenants”): Sections 4.06, 4.07, 4.08, 4.09, 4.12 and clause (3) of Section 5.01. No Default, Event of Default or breach of any kind shall be deemed to exist under this Indenture or the Notes of such series with respect to the Terminated Covenants based on, and none of the Issuer or any of its Subsidiaries shall bear any liability for, any actions taken or events occurring after the Notes of such series attain Investment Grade Ratingsan investment grade rating, regardless of whether such actions or event would have been permitted if the applicable Terminated Covenants remained in effect.