Common use of Maintenance of Ratings Clause in Contracts

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’x.

Appears in 16 contracts

Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (SeaWorld Entertainment, Inc.)

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Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain (x) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by each of S&P and Xxxxx’x(y) public ratings issued by Xxxxx’x and S&P with respect to its senior secured debt.

Appears in 16 contracts

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate rating from S&P and a public corporate family rating from Xxxxx’xand/or corporate credit rating, in each case as applicable, and ratings in respect of the BorrowerTerm Loans provided pursuant to this Agreement, and a public rating of the Facilities by in each case, from each of S&P and Xxxxx’x.

Appears in 13 contracts

Samples: First Lien Credit Agreement (HireRight Holdings Corp), First Lien Credit Agreement (HireRight Holdings Corp), Lien Credit Agreement (HireRight GIS Group Holdings, LLC)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate rating from S&P and a public corporate family and/or corporate credit rating from Xxxxx’x, in each case in respect of the Borrower, as applicable, and a public rating ratings in respect of the Facilities by credit facilities provided pursuant to this Agreement, in each case, from each of S&P and Xxxxx’x.

Appears in 12 contracts

Samples: Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P credit facility and a public corporate family rating ratings from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’x; provided that in no event shall the Borrower be required to maintain any specific rating with any such agency.

Appears in 12 contracts

Samples: Credit Agreement (CCC Intelligent Solutions Holdings Inc.), Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.), Term Loan Credit Agreement (Claros Mortgage Trust, Inc.)

Maintenance of Ratings. The Borrower shall use Use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Term Loans.

Appears in 10 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Contura Energy, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain have a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities with respect to its senior secured debt issued by each of S&P Xxxxx’x and Xxxxx’x.a corporate rating and a rating with respect to its senior secured debt issued by S&P.

Appears in 10 contracts

Samples: Credit Agreement, Credit Agreement (Huntsman CORP), Credit Agreement (Huntsman International LLC)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P credit and a public corporate family rating ratings and public ratings with respect to the Initial Term Loans from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’xMxxxx’x; provided that in no event shall the Borrower be required to maintain any specific rating with any such agency.

Appears in 8 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)

Maintenance of Ratings. The Holdings and the Borrower shall use their commercially reasonable efforts to cause the credit facilities provided for herein to be continuously rated by S&P and Xxxxx’x, and shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’x.

Appears in 8 contracts

Samples: Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC), Credit Agreement (TransDigm Group INC)

Maintenance of Ratings. The Borrower shall At all times, use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities with respect to its senior secured debt issued by each of S&P Xxxxx’x and Xxxxx’x.a corporate rating and a rating with respect to its senior secured debt issued by S&P.

Appears in 8 contracts

Samples: Credit Agreement (Bucyrus International Inc), Intellectual Property Security Agreement (Waste Services, Inc.), Credit Agreement (Waste Services, Inc.)

Maintenance of Ratings. The Borrower shall In the case of the Borrower, use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’x.

Appears in 8 contracts

Samples: Credit Agreement (Yellow Corp), Credit Agreement (YRC Worldwide Inc.), Tranche B Term Loan Credit Agreement (YRC Worldwide Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’x.

Appears in 6 contracts

Samples: Credit Agreement (Moneygram International Inc), Second Lien Credit Agreement (Moneygram International Inc), Credit Agreement (Moneygram International Inc)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities Loans by each of S&P and Xxxxx’xXxxxx’x but not, in each case, any specific rating.

Appears in 6 contracts

Samples: Credit Agreement (American Public Education Inc), Credit Agreement (Atlas Technical Consultants, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.)

Maintenance of Ratings. The Borrower shall In the case of the U.S. Borrower, at all times use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities corporate credit ratings issued by each of Xxxxx’x and S&P and Xxxxx’xpublic ratings issued by Xxxxx’x and S&P with respect to the credit facilities hereunder.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Counterpart Agreement (PVH Corp. /De/)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P credit facility and a public corporate family rating from Xxxxx’x, in each case ratings in respect of the Borrower, and a public rating of the Facilities by Holdings from each of S&P and Xxxxx’x; provided that in no event shall the Borrower be required to maintain any specific rating with any such agency.

Appears in 6 contracts

Samples: First Lien Credit Agreement (Isos Acquisition Corp.), First Lien Credit Agreement (Isos Acquisition Corp.), First Lien Credit Agreement (Isos Acquisition Corp.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate rating from S&P and a public corporate family and/or corporate credit rating from Xxxxx’x, in each case and ratings in respect of the BorrowerTerm Loans provided pursuant to this Agreement, and a public rating of the Facilities by in each case, from each of S&P and Xxxxx’x.

Appears in 6 contracts

Samples: First Lien Credit Agreement (BrightSpring Health Services, Inc.), Joinder Agreement (BrightSpring Health Services, Inc.), Lien Credit Agreement (BrightSpring Health Services, Inc.)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities facilities under this Agreement by each of S&P and Xxxxx’x, but in any event, not a specific rating.

Appears in 6 contracts

Samples: Equal Priority Intercreditor Agreement (Weight Watchers International Inc), Collateral Agreement (Blue Buffalo Pet Products, Inc.), Credit Agreement (Blue Buffalo Pet Products, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain a public corporate rating from S&P and (but not maintain any specific rating) a public corporate family rating from Xxxxx’xand/or corporate credit rating, in each case as applicable, and public ratings in respect of the BorrowerTerm Loans provided pursuant to this Agreement, and a public rating in each case, from at least two of the Facilities by each of S&P following: S&P, Xxxxx’x and Xxxxx’x.Xxxxx Ratings, Inc.

Appears in 5 contracts

Samples: Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities credit facilities hereunder by each of S&P and Xxxxx’x.

Appears in 5 contracts

Samples: Credit Agreement (SVMK Inc.), Credit Agreement (SVMK Inc.), Credit Agreement (SVMK Inc.)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family from Xxxxx’x and a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case ratings in respect of the Borrower, and a public rating of the Facilities by Loans provided pursuant to this Agreement from each of S&P Xxxxx’x and Xxxxx’x.S&P.

Appears in 5 contracts

Samples: Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc), Credit Agreement (Circor International Inc)

Maintenance of Ratings. The Borrower shall use Use commercially reasonable efforts to maintain at all times a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’xXxxxx’x in respect of the Initial Term Loans and a corporate rating by S&P and a corporate family rating by Xxxxx’x for the Borrower, in each case, with no requirement to maintain any specific minimum rating.

Appears in 5 contracts

Samples: Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement (Concordia International Corp.)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from ratings issued by Xxxxx’x and S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’xto its senior secured debt.

Appears in 5 contracts

Samples: Counterpart Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Credit and Guaranty Agreement (Hologic Inc)

Maintenance of Ratings. The Borrower shall In the case of the Borrower, at all times use commercially reasonable efforts to maintain a public corporate rating from ratings issued by Xxxxx’x and S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’xto its senior secured debt.

Appears in 5 contracts

Samples: Intercreditor Agreement (Fairmount Santrol Holdings Inc.), Intercreditor Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities Term Facility by each of S&P and Xxxxx’x, it being understood that there is no obligation to maintain any particular rating at any time.

Appears in 4 contracts

Samples: Credit Agreement (Energizer SpinCo, Inc.), Credit Agreement (Energizer Holdings Inc), Credit Agreement (Energizer Holdings Inc)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to cause the credit facilities provided for herein to be continuously rated by S&P and Xxxxx’x and to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by Borrower from each of S&P and Xxxxx’x.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Clean Harbors Inc), First Amendment (Clean Harbors Inc)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities Term Loans by each of S&P and Xxxxx’x, it being understood that there is no obligation to maintain any particular rating at any time.

Appears in 4 contracts

Samples: Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities Term Loans by each of S&P and Xxxxx’x.

Appears in 4 contracts

Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)

Maintenance of Ratings. The Borrower shall will use its commercially reasonable efforts to maintain at all times (i) monitored public debt ratings (of any level) from S&P and Xxxxx’x in respect of each Tranche of Loans and (ii) a monitored public corporate rating from S&P and a monitored public corporate family rating from Xxxxx’x, (in each case in respect case, of the Borrower, and a public rating of the Facilities by each of any level) from S&P and Xxxxx’x.

Appears in 4 contracts

Samples: Credit Agreement (Town Sports International Holdings Inc), Pledge Agreement (Affinity Gaming, LLC), Credit Agreement (Pyramid Communication Services, Inc.)

Maintenance of Ratings. The Holdings and the Borrower shall use their commercially reasonable efforts to (i) maintain a public corporate rating of the Borrower from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Borrower from Xxxxx’x and a public rating of (ii) cause the Facilities credit facility provided for herein to be continuously rated by each of S&P and Xxxxx’x.

Appears in 4 contracts

Samples: Credit Agreement (Amscan Holdings Inc), Term Loan Credit Agreement (TMS International Corp.), Term Loan Credit Agreement (TMS International Corp.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrower, and a public rating of the Facilities Term Loans and (prior to the Revolving Maturity Date) the Revolving Facility by each of S&P and Xxxxx’x.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Maintenance of Ratings. The Borrower Company shall use commercially reasonable efforts to maintain at all times (i) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Loans.

Appears in 4 contracts

Samples: Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp), Credit Agreement (American Greetings Corp)

Maintenance of Ratings. The Borrower At all times, Obligors shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Loans.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Maintenance of Ratings. The Borrower shall at all times use commercially reasonable efforts to maintain (i) a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Borrower and a (ii) public rating of ratings issued by Xxxxx’x and S&P with respect to the Facilities by each of S&P and Xxxxx’xTerm Loans.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (MRC Global Inc.), Security Agreement (MRC Global Inc.), Refinancing Amendment and Incremental Joinder Agreement (MRC Global Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate rating from S&P and continuously a public corporate family rating from Xxxxx’xXxxxx’x and a public corporate credit rating from S&P, in each case in respect of the Borrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Facilities by Term Loans (it being understood, in each of S&P and Xxxxx’xcase, that no minimum ratings shall be required to be obtained or maintained).

Appears in 3 contracts

Samples: Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Entegris Inc), Credit and Guaranty Agreement (Entegris Inc)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrower, and a public rating of the Facilities Term Loans and the Revolving Facility by each of S&P and Xxxxx’x.

Appears in 3 contracts

Samples: Junior Lien Intercreditor Agreement (Virtu Financial, Inc.), Restatement Agreement (Virtu Financial, Inc.), Collateral Agreement (Virtu Financial, Inc.)

Maintenance of Ratings. The At all times, the Borrower shall use commercially reasonable efforts (x) to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of the Borrowerto Parent, and a public rating of (y) to cause the Facilities Term Loan Facility to be continuously rated by each of S&P and Xxxxx’x (it being understood that, in each case, there shall be no obligation to maintain specific ratings from either S&P or Xxxxx’x).

Appears in 3 contracts

Samples: Credit Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.), Guarantee and Collateral Agreement (T-Mobile US, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities credit facilities hereunder by each of S&P and Xxxxx’x.

Appears in 3 contracts

Samples: Credit Agreement (PetroLogistics LP), Credit Agreement (PetroLogistics LP), Credit Agreement (PetroLogistics LP)

Maintenance of Ratings. The At all times, the Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P with respect to each of the Facilities by each of S&P facilities provided hereunder and Xxxxx’xthe Senior Notes.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe Inc)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Loans.

Appears in 2 contracts

Samples: Credit Agreement (SunEdison Semiconductor LTD), Credit Agreement (SunEdison Semiconductor LTD)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate rating from S&P and continuously a public corporate family rating from Xxxxx’xXxxxx’x and a public corporate credit rating from S&P, in each case in respect of the Borrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Facilities by each of S&P and Xxxxx’xBorrower’s senior secured debt under this Agreement.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Alon USA Energy, Inc.), Counterpart Agreement (Alon USA Partners, LP)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain (i) a public corporate credit rating for the Borrower from S&P Xxxxx’x and S&P, (ii) a public corporate family rating for the Borrower from Xxxxx’x, in each case in respect of the Borrower, Xxxxx’x and S&P and (iii) a public rating of for the Credit Facilities by from each of S&P and Xxxxx’x; provided that, in each case of clauses (i), (ii) and (iii), in no event shall the Borrower be required to maintain any specific rating with any such agency.

Appears in 2 contracts

Samples: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Victory Capital Holdings, Inc.)

Maintenance of Ratings. The Borrower shall At all times, use commercially reasonable efforts to maintain maintain, with respect to the US Borrower, a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, and a rating with respect to its senior secured debt issued by Xxxxx’x and a corporate rating and a rating with respect to its senior secured debt issued by S&P (but in each case in respect of the Borrower, and not to maintain a public rating of the Facilities by each of S&P and Xxxxx’xspecific rating).

Appears in 2 contracts

Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)

Maintenance of Ratings. The Borrower shall will at all times use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in and public corporate credit ratings issued by Xxxxx’x and S&P with respect of to the Borrower, Borrower and a public rating of ratings issued by Xxxxx’x and S&P with respect to the Facilities by each of S&P and Xxxxx’xhereunder, it being understood that no minimum rating is required.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Staples Inc)

Maintenance of Ratings. The Holdings and the Borrower shall will use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities credit facilities hereunder by each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Trinet Group Inc), Credit Agreement (Trinet Group Inc)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrower, and a public rating of the Facilities Term Loans and (prior to the Revolving Maturity Date, the Revolving Facility) by each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate rating from S&P and a public corporate family rating from Xxxxx’xand/or corporate credit rating, in each case as 103 applicable, and ratings in respect of the BorrowerTerm Loans provided pursuant to this Agreement, and a public rating of the Facilities by in each case, from each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: Intercreditor Agreement (Focus Financial Partners Inc.), Intercreditor Agreement (Focus Financial Partners Inc.)

Maintenance of Ratings. The Borrower shall Borrowers will use commercially reasonable efforts to obtain and maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’xand/or corporate credit rating, in each case as applicable, and ratings in respect of the BorrowerCredit Facilities, and a public rating of the Facilities by in each case, from each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: Credit Agreement (Big Heart Pet Brands), Credit Agreement (Del Monte Foods Co)

Maintenance of Ratings. The Unless otherwise consented to by Agents or Requisite Lenders, at all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Mxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Mxxxx’x and S&P and Xxxxx’xwith respect to the Term Loans; provided that no specific ratings need to be maintained.

Appears in 2 contracts

Samples: Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Maintenance of Ratings. The At all times, Parent Borrower shall use commercially reasonable efforts to maintain (x) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerissued by Xxxxx’x and a corporate credit rating issued by S&P, and a (y) public rating of the Facilities ratings issued by each of Xxxxx’x and S&P and Xxxxx’xwith respect to its senior secured debt.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (IMS Health Holdings, Inc.), Credit and Guaranty Agreement (IMS Health Holdings, Inc.)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (a) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (b) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Term Loans; provided that in no event shall the Borrower be required to maintain a specific rating with any such agency.

Appears in 2 contracts

Samples: Credit Agreement (Blue Bird Corp), Credit Agreement (Metaldyne Performance Group Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrower, and a public rating of the Facilities Term Loans by each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain a public corporate rating from S&P and (but not maintain any specific rating) a public corporate family rating from Xxxxx’xand/or corporate credit rating, in each case as applicable, and public ratings in respect of the BorrowerTerm B Loans and Term C Loans provided pursuant to this Agreement, and a public rating in each case, from at least two of the Facilities by each of S&P following: S&P, Xxxxx’x and Xxxxx’x.Xxxxx Ratings, Inc.

Appears in 2 contracts

Samples: Credit Agreement (Talen Energy Corp), Credit Agreement (Talen Energy Corp)

Maintenance of Ratings. The At all times, the Borrower shall use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrower, and a public rating of the Facilities by each of Holdings, Mid-Holdings and the Borrower shall use commercially reasonable efforts to cause the Term Loan Facility to be continuously rated by S&P and Xxxxx’x (it being understood that, in each case, there shall be no obligation to maintain specific ratings from either S&P or Xxxxx’x).

Appears in 2 contracts

Samples: Intercreditor Agreement (Forterra, Inc.), Intercreditor Agreement (Forterra, Inc.)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain (i) a public corporate rating from S&P and a public private corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public private corporate credit rating of the Facilities issued by each of S&P and Xxxxx’x(ii) a rating issued by Xxxxx’x and a rating issued by S&P with respect to the Loans.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain with Xxxxx’x and S&P a public corporate rating from S&P and a public corporate family rating from Xxxxx’xRating, which Ratings shall, in each the case in respect of the Borrowera private rating, and a public rating of the Facilities by each of S&P and Xxxxx’xbe updated or confirmed at least once per year.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Postmedia Network Canada Corp.), Term Loan Credit Agreement (Postmedia Network Canada Corp.)

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Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate rating from S&P and continuously a public corporate family rating (or comparable public ratings) from Xxxxx’xXxxxx’x and a public corporate credit rating (or comparable public rating) from S&P, in each case in respect of the Borrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Facilities by Tranche A Term Loans and the Tranche B Term Loans (in each of S&P and Xxxxx’xcase, with no requirement as to any minimum rating).

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Tivity Health, Inc.), Pledge and Security Agreement (Fusion Connect, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain as promptly as practicable and thereafter maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities credit facility provided under this Agreement by each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: Credit Agreement (SMURFIT-STONE CONTAINER Corp), Credit Agreement (Smurfit Stone Container Corp)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities Term Loans by each of S&P and Xxxxx’x., it being understood that there is no obligation to maintain any particular rating at any time. (n)

Appears in 2 contracts

Samples: Credit Agreement (Energizer Holdings, Inc.), Credit Agreement (Energizer Holdings, Inc.)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain (i) a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Borrower and (ii) a public rating in respect of the Facilities by Loans from each of S&P and Xxxxx’x.

Appears in 2 contracts

Samples: Credit Agreement (Crown Media Holdings Inc), Credit Agreement (Crown Media Holdings Inc)

Maintenance of Ratings. The Holdings and the Borrower shall use their commercially reasonable efforts to (i) maintain a public corporate rating of the Borrower from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Borrower from Xxxxx'x and a public rating of (ii) cause the Facilities credit facility provided for herein to be continuously rated by each of S&P and Xxxxx’xXxxxx'x.

Appears in 2 contracts

Samples: Abl Credit Agreement (Amscan Holdings Inc), Term Loan Credit Agreement (Amscan Holdings Inc)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, (but not any specific rating) issued by Xxxxx’x and a public corporate credit rating of the Facilities (but not any specific rating) issued by S&P and (ii) a public credit rating (but not any specific rating) from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Term Loans.

Appears in 2 contracts

Samples: Intercreditor Agreement (Alion Science & Technology Corp), Assignment and Assumption Agreement (Alion Science & Technology Corp)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain (x) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Mxxxx’x and a public corporate credit rating of the Facilities issued by each of S&P and Xxxxx’x(y) public ratings issued by Mxxxx’x and S&P with respect to its senior secured debt.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’xMxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities credit facilities created hereunder by each of S&P and Xxxxx’xMxxxx’x, it being understood that there is no obligation to maintain any particular rating at any time.

Appears in 1 contract

Samples: Term Credit Agreement (Fossil Group, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate family rating from S&P and a public corporate family rating from Xxxxx’xwith respect to the Term Loans borrowed on the Closing Date, in each case in respect of the Borrowercase, and a public rating of the Facilities issued by each of S&P and Xxxxx’xXxxxx’x to each be maintained (but, in each case, not to obtain or maintain a specific rating).

Appears in 1 contract

Samples: Credit Agreement (Delta Tucker Holdings, Inc.)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain (x) (i) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x(but not any specific rating), in each the case of Xxxxx’x and (ii) an issuer credit rating (but not any specific rating), in respect of the Borrower, and a public rating of the Facilities by each case of S&P and Xxxxx’x(y) credit ratings (but not any specific rating) issued by Xxxxx’x and S&P with respect to the credit facilities hereunder.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Covia Holdings Corp)

Maintenance of Ratings. The At all times, the Borrower shall use make commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Loans.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Memc Electronic Materials Inc)

Maintenance of Ratings. The Borrower BorrowerThe Borrowers shall at all times use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating for Parent from Xxxxx’x, (ii) a public corporate credit rating for Parent from S&P and (iii) a public credit rating for the Initialany then outstanding Term Loans from each of Xxxxx’x and S&P (but, in each case in respect of the Borrowercase, and a public rating of the Facilities by each of S&P and Xxxxx’xnot any minimum rating).

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Corp)

Maintenance of Ratings. The Unless otherwise consented to by Administrative Agent or Requisite Lenders, at all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in and facility ratings issued by Mxxxx’x and S&P with respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’xto its senior secured debt with respect to this Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (HealthSpring, Inc.)

Maintenance of Ratings. The Borrower At all times, the Borrowers shall use commercially reasonable efforts to maintain public corporate family rating and a public rating on the Term Loans from Xxxxx’x and a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of on the Facilities by each of S&P and Xxxxx’x.Term Loans from S&P.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xerium Technologies Inc)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to obtain and maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’xand/or corporate credit rating, in each case as applicable, and ratings in respect of the Borrowercredit facilities provided pursuant to this Agreement, and a public rating of the Facilities by in each case, from each of S&P and Xxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Del Monte Foods Co)

Maintenance of Ratings. The Borrower shall at all times use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating for Parent from Xxxxx’x, (ii) a public corporate credit rating for Parent from S&P and (iii) a public credit rating for the Initial Term Loans from each of Xxxxx’x and S&P (but, in each case in respect of the Borrowercase, and a public rating of the Facilities by each of S&P and Xxxxx’xnot any minimum rating).

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain cause to be maintained at all times (a)(i) a public corporate rating from S&P and a public corporate family rating from Xxxxx’xCorporate Family Rating, in each the case of Xxxxx’x or (ii) an Issuer Credit Rating, in respect the case of S&P, for the Borrower, Borrower and a public rating of (b) credit ratings for the Credit Facilities by each of S&P from Xxxxx’x and Xxxxx’x.S&P.

Appears in 1 contract

Samples: Credit Agreement (Darling International Inc)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain (x) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by each of S&P and Xxxxx’x.(y) public ratings issued by Xxxxx’x and S&P with respect to its senior secured debt. 5.15

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Maintenance of Ratings. The Borrower shall at all times use commercially reasonable efforts to maintain (i) (i) a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Borrower and a (ii) (ii) public rating of ratings issued by Xxxxx’x and S&P with respect to the Facilities by each of S&P and Xxxxx’xTerm Loans.

Appears in 1 contract

Samples: Collateral Trust Agreement (MRC Global Inc.)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Xxxxx’x and a public corporate credit rating of the Facilities by each of S&P and Xxxxx’x.from S&P.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AbitibiBowater Inc.)

Maintenance of Ratings. The Borrower Borrowers shall at all times use commercially reasonable efforts to maintain a (i) public corporate rating ratings for the Loans and Commitments from S&P each of Standard & Poor’s Ratings Service (“S&P”) and Mxxxx’x Investors Service, Inc. (“Mxxxx’x”), and (ii) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Parent and a public rating of the Facilities by its Subsidiaries from each of S&P and Xxxxx’xMoody’s, respectively.

Appears in 1 contract

Samples: Credit Agreement (Smart Balance, Inc.)

Maintenance of Ratings. The At all times, the Borrower shall use make commercially reasonable efforts to maintain a public corporate family rating from S&P issued by Xxxxx'x and a public corporate family credit rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities issued by each of S&P and Xxxxx’xS&P.”.

Appears in 1 contract

Samples: Credit Agreement (Memc Electronic Materials Inc)

Maintenance of Ratings. The Borrower shall use commercially reasonable efforts to (i) cause the Credit Facility to be continuously rated by S&P and Xxxxx’x and (ii) to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’x.

Appears in 1 contract

Samples: Intercreditor Agreement (Magnum Hunter Resources Corp)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, Xxxxx'x and a public corporate credit rating of the Facilities by each of S&P and Xxxxx’x.from S&P.

Appears in 1 contract

Samples: Pledge and Security Agreement (AbitibiBowater Inc.)

Maintenance of Ratings. The Unless otherwise consented to by Agents or Requisite Lenders, at all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in and facility ratings issued by Mxxxx’x and S&P with respect of the Borrower, and a public rating of the Facilities by each of S&P and Xxxxx’xto its senior secured debt with respect to this Agreement.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amerigroup Corp)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’xMxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities credit facilities hereunder by each of S&P and Xxxxx’xMxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Momentive Global Inc.)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain (x) a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by each of S&P and Xxxxx’x.(y) public ratings issued by Xxxxx’x and S&P with respect to its senior secured debt. CG&R Draft Last Saved: 12/21/201201/23/2013 11:03 am 8950852v42:57 pm 8597568v15

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)

Maintenance of Ratings. The At all times, the Borrower shall use commercially reasonable efforts (x) to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of the Borrowerto Parent, and a public rating of (y) to cause the Facilities Facility to be continuously rated by each of S&P and Xxxxx’x (it being understood that, in each case, there shall be no obligation to maintain specific ratings from either S&P or Xxxxx’x).

Appears in 1 contract

Samples: Bridge Term Loan Credit Agreement (T-Mobile US, Inc.)

Maintenance of Ratings. The Borrower shall Borrowers will use commercially reasonable efforts to maintain continuously in effect a public corporate rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the BorrowerBorrowers, and a public rating of the Facilities credit facilities created hereunder by each of S&P and Xxxxx’x, it being understood that there is no obligation to maintain any particular rating at any time.

Appears in 1 contract

Samples: Term Credit Agreement (Ascena Retail Group, Inc.)

Maintenance of Ratings. The Unless otherwise consented to by Agents or Requisite Lenders, at all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Term Loans; provided that no specific ratings need to be maintained.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Maintenance of Ratings. The At all times, the Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from of the Borrower issued by Xxxxx’x, in each case in respect of the Borrower, and (ii) a public corporate credit rating of the Facilities Borrower issued by S&P and (iii) a public credit rating from each of Xxxxx’x and S&P and Xxxxx’xwith respect to the Term Loans.

Appears in 1 contract

Samples: Security Agreement (Pioneer Energy Services Corp)

Maintenance of Ratings. The Borrower shall will use commercially reasonable efforts to maintain a public corporate credit rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, and a public rating of the Facilities Term Loans by each of S&P and Xxxxx’xXxxxx’x but not, in each case, any specific rating.

Appears in 1 contract

Samples: Credit Agreement (Atlas Technical Consultants, Inc.)

Maintenance of Ratings. The Each Borrower shall will use commercially reasonable efforts to obtain and maintain a public corporate rating from S&P and a public corporate family rating from Xxxxx’xand/or corporate credit rating, as applicable, and ratings in respect of the Loans provided hereunder, in each case in respect of the Borrower, and a public rating of the Facilities by from each of S&P and Xxxxx’xXxxxx’x (but not to maintain a specific rating).

Appears in 1 contract

Samples: Credit Agreement (Railamerica Inc /De)

Maintenance of Ratings. The Borrower At all times, Obligors shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx'x and a public corporate credit rating of the Facilities issued by S&P and (ii) a public credit rating from each of Xxxxx'x and S&P and Xxxxx’xwith respect to the Loans.

Appears in 1 contract

Samples: Term Loan and Security Agreement (DXP Enterprises Inc)

Maintenance of Ratings. The At all times, Borrower shall use commercially reasonable efforts to maintain a public corporate rating from S&P and (i) a public corporate family rating from Xxxxx’x, in each case in respect of the Borrower, issued by Xxxxx’x and a public corporate credit rating issued by S&P and (ii) a public credit rating from each of Xxxxx’x and S&P with respect to the Facilities by each of S&P (it being understood and Xxxxx’xagreed that no minimum ratings shall be required).

Appears in 1 contract

Samples: Credit Agreement (Engility Holdings, Inc.)

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