Common use of Investment Grade Rating Clause in Contracts

Investment Grade Rating. If on the last day of any fiscal quarter, the Company fails to have an Investment Grade Rating on the Notes, the Obligors shall pay a fee (a “Rating Fee”) to each holder in an amount equal to 1.50% (150 bps) per annum (0.375% (37.50 bps) per quarter) of the aggregate principal amount of Notes held by such holder as of such last day, payable within 30 days of such last day; provided, that if at any time the Leverage Fee (defined in clause (b) below) payable pursuant to Section 9.12(b)(ii) is also payable, the Rating Fee payable pursuant to this Section 9.12(a) shall be an amount equal to 1.00% (100 bps) per annum (0.25% (25 bps) per quarter) of the aggregate principal amount of Notes held by such holder. For purposes of clarity, at any time that both the Rating Fee and Leverage Fee are payable, the aggregate fees payable under this Section 9.12 shall equal 2.00% (200 bps) per annum (0.50% (50 bps) per quarter) as of such last day.

Investment Grade Rating. If on the last day of at any fiscal quarter, time the Company fails to have an Investment Grade Rating on the Notes, the Obligors shall pay a fee (a the “Rating Fee”) to each holder in an amount equal to 1.50% (150 bps) per annum (0.375% (37.50 bps) per quarter) of the aggregate principal amount of Notes held by such holder as of such last dayholder, payable within 30 days of the end of each fiscal quarter in which the Company failed to have such last dayInvestment Grade Rating; provided, that if at any time the Leverage Fee (defined in clause (b) below) payable pursuant to Section 9.12(b)(ii9.12(b) is also payable, the Rating Fee payable pursuant to this Section 9.12(a) shall be an amount equal to 1.00% (100 bps) per annum (0.25% (25 bps) per quarter) of the aggregate principal amount of Notes held by such holder. For purposes of clarity, at any time that both the Rating Fee and Leverage Fee are payable, the aggregate fees payable under this Section 9.12 shall equal 2.001.50% (200 150 bps) per annum (0.500.375% (50 37.50 bps) per quarter) as of such last day).

Investment Grade Rating. If on the last day of at any fiscal quarter, time the Company fails to have an Investment Grade Rating on the Notes, the Obligors shall pay a fee (a the “Rating Fee”) to each holder in an amount equal to 1.50% (150 bps) per annum (0.375% (37.50 bps) per quarter) of the aggregate principal amount of Notes held by such holder as of such last dayholder, payable within 30 days of the end of each fiscal quarter in which the Company failed to have such last day; Investment Grade Rating provided, that if at any time the Leverage Fee (defined in clause (b) below) payable pursuant to Section 9.12(b)(ii) is also payable, the Rating Fee payable pursuant to this Section 9.12(a) shall be an amount equal to 1.00% (100 bps) per annum (0.25% (25 bps) per quarter) of the aggregate principal amount of Notes held by such holder. For purposes of clarity, at any time that both the Rating Fee and Leverage Fee are payable, the aggregate fees payable under this Section 9.12 shall equal 2.00% (200 bps) per annum (0.50% (50 bps) per quarter) as of such last day).

Investment Grade Rating. If on the last day of at any fiscal quarter, time the Company fails to have an Investment Grade Rating on the Notes, the Obligors shall pay a fee (a the “Rating Fee”) to each holder in an amount equal to 1.50% (150 bps) per annum (0.375% (37.50 bps) per quarter) of the aggregate principal amount of Notes held by such holder as of such last dayholder, payable within 30 days of the end of each fiscal quarter in which the Company failed to have such last dayInvestment Grade Rating; provided, that if at any time the Leverage Fee (defined in clause (b) below) payable pursuant to Section 9.12(b)(ii) is also payable, the Rating Fee payable pursuant to this Section 9.12(a) shall be an amount equal to 1.00% (100 bps) per annum (0.25% (25 bps) per quarter) of the aggregate principal amount of Notes held by such holder. For purposes of clarity, at any time that both the Rating Fee and Leverage Fee are payable, the aggregate fees payable under this Section 9.12 shall equal 2.00% (200 bps) per annum (0.50% (50 bps) per quarter) as of such last day).