Fitch Ratings Downgrade Event Clause Samples
The Fitch Ratings Downgrade Event clause defines what happens if a party's credit rating, as assigned by Fitch Ratings, is downgraded below a specified threshold. Typically, this clause outlines the specific ratings levels that trigger the event and the resulting consequences, such as requiring additional collateral, triggering early termination rights, or adjusting contractual terms. Its core practical function is to protect the non-downgraded party from increased credit risk by providing clear procedures and remedies in the event of a significant deterioration in the counterparty's creditworthiness.
Fitch Ratings Downgrade Event. In the event that Counterparty, the guarantor under an Eligible Guarantee or an Eligible Replacement, as applicable, does not have credit ratings at least equal to the First Trigger Required Ratings from Fitch (such event, a “First Trigger Downgrade Event”), then the Counterparty shall, as soon as reasonably practicable and so long as a First Trigger Downgrade Event is in effect, at its own expense, within 14 calendar days after the occurrence of such an event, post collateral pursuant to, and subject to the terms of, the Credit Support Annex. The Counterparty may also, so long as a First Trigger Downgrade Event is in effect, at its own expense, within 30 days after the occurrence of such event, procure either (I) a Permitted Transfer or (II) an Eligible Guarantee; provided that upon procuring either a Permitted Transfer or an Eligible Guarantee, Counterparty shall be entitled to a return of collateral posted pursuant to the prior sentence. In the event that Counterparty, the guarantor under an Eligible Guarantee or an Eligible Replacement, as applicable, does not have credit ratings at least equal to the Second Trigger Required Ratings from Fitch (such event, a “Required Ratings Downgrade Event”), then the Counterparty shall, as soon as reasonably practicable and so long as a Required Ratings Downgrade Event is in effect (but in no event later than 30 days after the occurrence of such event), at its own expense, procure either (A) a Permitted Transfer or (B) an Eligible Guarantee. If Counterparty fails to comply with the provisions of this Section 5(m) the Trust may declare an Additional Termination Event (in which event the Counterparty shall be the sole Affected Party). For the avoidance of doubt, after the occurrence of a Required Ratings Downgrade Event and while the Counterparty is taking the actions required by this Section 5(m) it shall continue to post collateral and perform all of its obligations under this Agreement.