Common use of Maintenance of Ratings Clause in Contracts

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitch.

Appears in 1 contract

Samples: Credit Agreement (Burlington Stores, Inc.)

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Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, 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 Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Tranche B Term Loans by eachat least two of S&P and(it being understood, Xxxxx’x and Fitchin each case, that no minimum ratings shall be required to be obtained or maintained).

Appears in 1 contract

Samples: Term Credit and Guaranty Agreement (PetIQ, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, 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 Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Term Loans by eachat least two of S&P andBorrower’s senior secured debt under this Agreement (it being understood, Xxxxx’x and Fitchin each case, that no minimum ratings shall be required to be obtained or maintained).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Entegris Inc)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific ratinga) a public corporate family and/or corporate credit rating (but not a specific rating, as applicable, ) from S&P and a public corporate family rating (but not a specific rating) from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (b) a public rating (but not a specific rating) in respect of the Term Loans by eachat least two credit facilities provided to the Borrower under this Agreement from each of S&P and, Xxxxx’x and FitchMoody’s.

Appears in 1 contract

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

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate credit rating for the Borrower from Mxxxx’x and S&P, (ii) a public corporate family and/or corporate credit rating, as applicable, rating for the Borrower from Mxxxx’x and S&P and (iii) a public corporate family rating for the Credit Facilities from Xxxxx’xeach of S&P and Mxxxx’x; provided that, in each case of clauses (i), (ii) and (iii), in respect of no event shall the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public Borrower be required to maintain any specific rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitchwith any such agency.

Appears in 1 contract

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

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMoodx’x, in xx each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, Borrower and a public rating of the Term Loans by eachat least two each of S&P andand Moodx’x xxx not, Xxxxx’x and Fitchin each case, any specific rating.

Appears in 1 contract

Samples: Credit Agreement (Upland Software, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans by eachat least two each of S&P andand Moody’s but not, Xxxxx’x and Fitch.in each case, any specific rating. SECTION 5.17

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific ratinga) a public corporate family and/or corporate credit rating (but not a specific rating, as applicable, ) from S&P and a public corporate family rating (but not a specific rating) from Xxxxx’xMxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (b) a public rating (but not a specific rating) in respect of the Term Loans by eachat least two credit facilities provided to the Borrower under this Agreement from each of S&P and, Xxxxx’x and FitchMxxxx’x.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Cryolife Inc)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts (i) to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x Borrower and Fitch, and (ii) to maintain a public credit facility rating of the Term Loans by eachat least two from each of S&P and, and Xxxxx’x and Fitchwith respect to the Loans.

Appears in 1 contract

Samples: Credit Agreement (Amplify Snack Brands, INC)

Maintenance of Ratings. The At all times, the Borrower will shall use commercially reasonable efforts to maintain (a) a public rating (but not maintain any specific rating) a from Mxxxx’x and S&P for the Tranche B-1 Term Loans and Tranche B-2 Term Loans and (b) public corporate family and/or corporate credit rating, as applicable, from S&P ratings and a public corporate family rating from Xxxxx’xratings (but, in each case case, not any specific rating) from Mxxxx’x and S&P in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and FitchBorrower.

Appears in 1 contract

Samples: Term Loan Credit Agreement (GNC Holdings, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and continuously a public corporate family rating from Xxxxx’xMxxxx’x and a public corporate credit rating from S&P, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Mxxxx’x and S&P in respect of the Tranche B Term Loans by eachat least two of S&P and(it being understood, Xxxxx’x and Fitchin each case, that no minimum ratings shall be required to be obtained or maintained).

Appears in 1 contract

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

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating (but not any particular rating, as applicable, ) from S&P and a public corporate family rating (but not any particular rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchLead Borrower, and (ii) a public rating (but not any particular rating) in respect of the Term Loans by eachat least two made available under this Agreement from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: First Lien Credit Agreement (Franchise Group, Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate credit rating for the Borrower from S&P, (ii) a public corporate family and/or corporate credit rating, as applicable, rating for the Borrower from Xxxxx’x and (iii) a public rating for the Credit Facilities from each of S&P and a public corporate family rating from Xxxxx’x; provided that, in each case of clauses (i), (ii) and (iii), in respect of no event shall the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public Borrower be required to maintain any specific rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitchwith any such agency.

Appears in 1 contract

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

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

Appears in 1 contract

Samples: Credit Agreement (Vistra Energy Corp.)

Maintenance of Ratings. The Borrower will In respect of the Borrower, use commercially reasonable efforts to maintain a public corporate rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect and at request of the Borrowerat least two of S&PRequired Lenders after the Closing Date, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two maintain credit ratings with respect to each Facility (but not any specific rating) from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Vine Energy Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat at least two of S&P, Xxxxx’x Mxxxx’x and Fitch, and a public rating of the Term Loans by eachat at least two of S&P andS&P, Xxxxx’x Mxxxx’x and Fitch.

Appears in 1 contract

Samples: Credit Agreement (Burlington Stores, Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not any specific rating) in respect of the Term Loans by eachat least two from each of S&P and, Xxxxx’x and FitchMoody’s.

Appears in 1 contract

Samples: Credit Agreement (Hanger, Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case case, in respect of the Borrowerat least two of S&P, Xxxxx’x Borrower and Fitch, and (ii) a public credit rating of with respect to the Term Loans by eachat least two Facilities from each of S&P andand Xxxxx’x, Xxxxx’x and Fitchin all cases, without regard to the level of such ratings.

Appears in 1 contract

Samples: Credit Agreement (Ani Pharmaceuticals Inc)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case ratings in respect of the Borrowerat Initial Term Loans, in each case, from at least two of the following: S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitch.

Appears in 1 contract

Samples: Credit Agreement (Vistra Corp.)

Maintenance of Ratings. The Borrower will use Use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating of the Borrower and public rating of the Facilities from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x Borrower and Fitch, and a public rating of the Term Loans by eachat least two of S&P andFacilities from Xxxxx’x; provided, Xxxxx’x and Fitchthat in no event shall the Borrower be required to maintain any specific rating with any such agency.

Appears in 1 contract

Samples: Credit Agreement (Mavenir Private Holdings II Ltd.)

Maintenance of Ratings. The Borrower Borrowers will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchMVWC, and (ii) a public rating (but not any specific rating) in respect of the Initial Term Loans by eachat least two Facility from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Security Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific ratinga) a public corporate family and/or corporate credit rating (but not a specific rating, as applicable, ) from S&P and a public corporate family rating (but not a specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (b) a public rating (but not a specific rating) in respect of the Term Loans by eachat least two credit facilities provided to the Borrower under this Agreement from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Pledge and Security Agreement (Lumentum Holdings Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and 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 Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Term Loans by eachat least two of S&P andBorrower’s senior secured debt under this Agreement (it being understood, Xxxxx’x and Fitchin each case, that no minimum ratings shall be required to be obtained or maintained).

Appears in 1 contract

Samples: Term Credit and Guaranty Agreement (QualTek Services Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’xMxxxx’x and a public corporate credit rating from S&P, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Mxxxx’x and S&P in respect of the Borrower’s senior secured debtTranche B Term Loans by eachat least two of S&P andunder this Agreement (it being understood, Xxxxx’x and Fitchin each case, that no minimum ratings shall be required to be obtained or maintained).

Appears in 1 contract

Samples: Term Credit and Guaranty Agreement (QualTek Services Inc.)

Maintenance of Ratings. The If, and only if, the Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a obtains public corporate family and/or corporate credit rating, as applicable, rating of the Facilities from each of S&P and Xxxxx’x, a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Borrower from Xxxxx’x and Fitch, and a public corporate credit rating of the Term Loans by eachat least two Borrower from S&P, at all times thereafter, use commercially reasonable efforts (to the extent availability of necessary 146 financial information) to maintain such ratings from each of S&P and, and Xxxxx’x and Fitch(but not any specific credit rating).

Appears in 1 contract

Samples: Intellectual Property Security Agreement (EWT Holdings I Corp.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not any specific rating) in respect of each of the Term Loans by eachat least two B Facility and the 20223 Incremental Term Loans, in each case, from each of S&P and, Xxxxx’x and FitchMoody’s.

Appears in 1 contract

Samples: Credit Agreement (Travel & Leisure Co.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, 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 Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Xxxxx’x and S&P in respect of the Tranche B Term Loans by eachat least two of S&P and(in each case, Xxxxx’x and Fitchwith no requirement as to any minimum rating).

Appears in 1 contract

Samples: Counterpart Agreement (Fusion Connect, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) private ratings for the Credit Facilities (but not maintain any specific minimum rating) by S&P and Xxxxx’x and (ii) a public private corporate family and/or corporate credit rating (but not any specific minimum rating, as applicable, ) from S&P and a public private corporate family rating (but not any specific minimum rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and FitchBorrower.

Appears in 1 contract

Samples: Credit Agreement (GCM Grosvenor Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, (but not any specific rating) issued by Xxxxx’x and Fitch, and a public corporate credit rating of the Term Loans (but not any specific rating) issued by eachat least two of S&P and, Xxxxx’x and Fitch.S&P.

Appears in 1 contract

Samples: Credit Agreement (Alion Science & Technology Corp)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not any specific rating) in respect of the Term Loans by eachat least two from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Hanger, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family and/or corporate credit ratingrating in respect of the Borrower, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case ratings in respect of the Borrowerat least two of S&PCredit Facility, in each case, from Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat at least two one of S&P and, Xxxxx’x and Fitch.

Appears in 1 contract

Samples: Abl Credit Agreement (Claire's Holdings LLC)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, Borrower and a public rating of the Term Loans by eachat least two each of S&P andand Moody’s but not, Xxxxx’x and Fitchin each case, any specific rating.

Appears in 1 contract

Samples: Credit Agreement (Upland Software, Inc.)

Maintenance of Ratings. The Borrower will use Use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating in respect of the Term Loans by eachat least two Facility from each of S&P and, Xxxxx’x and FitchXxxxx’x; provided that in no event shall the Borrower be required to maintain any specific rating with such agencies.

Appears in 1 contract

Samples: Credit Agreement (Pier 1 Imports Inc/De)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not any specific rating) in respect of each of the Term Loans by eachat least two B Facilitiesy and the 2022 Incremental Term Loans, in each case, from each of S&P and, Xxxxx’x and FitchMoody’s.

Appears in 1 contract

Samples: Credit Agreement (Travel & Leisure Co.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as 136 applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case ratings in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Initial Term Loans by eachat least two provided pursuant to this Agreement, in each case, from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Avaya Holdings Corp.)

Maintenance of Ratings. The Borrower will use its commercially reasonable efforts to maintain (but not maintain any specific rating) in effect ratings for the credit facilities provided under this Agreement and the Senior Notes from each of S&P and Xxxxx’x and a public corporate family and/or corporate credit rating, as applicable, from S&P rating and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating each of the Term Loans by eachat least two Borrower after giving effect to the Transactions from each of S&P andand Xxxxx’x, Xxxxx’x and Fitchrespectively, but, for the avoidance of doubt, shall not be required to maintain a specific rating or ratings above certain levels.

Appears in 1 contract

Samples: Credit Agreement (Medassets Inc)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific ratinga) a public corporate credit rating for the Borrower from Mxxxx’x and S&P, (b) a public corporate family and/or corporate credit rating, as applicable, rating for the Borrower from Mxxxx’x and S&P and (c) a public corporate family rating for the Term Loans from Xxxxx’xeach of S&P and Mxxxx’x; provided that, in each case of clauses (a), (b) and (c), in respect of no event shall the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public Borrower be required to maintain any specific rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitchwith any such agency.

Appears in 1 contract

Samples: Credit Agreement (Cowen Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans under this Agreement by eachat least two each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Sra International Inc)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) private ratings for the Credit Facilities (but not maintain any specific minimum rating) by S&P and Moody’s and (ii) a public private corporate family and/or corporate credit rating (but not any specific minimum rating, as applicable, ) from S&P and a public private corporate family rating (but not any specific minimum rating) from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitch.Borrower. 9.4

Appears in 1 contract

Samples: Credit Agreement (GCM Grosvenor Inc.)

Maintenance of Ratings. The Borrower will use Use commercially reasonable efforts to maintain (i) an issuer credit rating of the Company by S&P (but not maintain any a specific rating), and (ii) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Initial Term Loans Loan Facility by eachat least two each of S&P and, and Xxxxx’x and Fitch(but not a specific rating).

Appears in 1 contract

Samples: Credit Agreement (NMI Holdings, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain continuously in effect a corporate rating (but not maintain any with no specific ratingminimum) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (with no specific minimum) from Xxxxx’xXxxxx'x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating (with no specific minimum) of the Term Loans credit facilities hereunder by eachat least two each of S&P and, Xxxxx’x and FitchXxxxx'x.

Appears in 1 contract

Samples: Credit Agreement (Bz Intermediate Holdings LLC)

Maintenance of Ratings. The At all times, the US Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and FitchUS Borrower, and a public rating each of Holdings and the Term Loans US Borrower shall use commercially reasonable efforts to cause the Facilities to be continuously rated by eachat least two of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: First Lien Credit Agreement (Continental Building Products, Inc.)

Maintenance of Ratings. The At all times, the Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Borrower shall use commercially reasonable efforts to cause the Term Loans Loan Facility to be continuously rated by eachat least two of S&P andand Xxxxx’x (it being understood that, Xxxxx’x and Fitchin each case, there shall be no obligation to maintain specific ratings from either S&P or Xxxxx’x).

Appears in 1 contract

Samples: Credit Agreement (Foundation Building Materials, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not any specific rating) in respect of each of the Term Loans by eachat least two B FacilitiesLoans from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Wyndham Hotels & Resorts, Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to (a) maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (b) obtain and thereafter maintain a public rating by each of S&P and Xxxxx’x for each of the Term Loans by eachat least two of S&P and, Xxxxx’x revolving and Fitchterm loan facilities described herein (it being understood and agreed that the Borrower shall not be required to maintain any such ratings at a particular level).

Appears in 1 contract

Samples: Credit Agreement (Epiq Systems Inc)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case Moodx’x xxx (ii) a public rating (but not any specific rating) in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two B Facility from each of S&P and, Xxxxx’x and FitchMoodx’x.

Appears in 1 contract

Samples: Security Agreement (Manitowoc Foodservice, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) a public corporate family and/or or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case ratings in respect of the Borrowerat least two of S&PInitial Term Loans, Xxxxx’x and Fitchin each case, and a public rating of the Term Loans by eachat least two from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: First Lien Credit Agreement (SolarWinds Corp)

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Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain public corporate credit and corporate family ratings (but not maintain any specific ratingparticular level) a public corporate family and/or corporate credit rating, as applicable, of the Borrower from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitchrespectively, and a public rating of ratings and public recovery ratings (but not any particular level) from S&P and Xxxxx’x for the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitchcredit facilities provided pursuant to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (GTT Communications, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) at all times a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and FitchBorrower.

Appears in 1 contract

Samples: Credit Agreement (Cloud Peak Energy Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat at least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat at least two of S&P andS&P, Xxxxx’x and Fitch.

Appears in 1 contract

Samples: Credit Agreement (Burlington Stores, Inc.)

Maintenance of Ratings. The Borrower will use Use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&PBorrower (or, Xxxxx’x and Fitchalternatively, any direct or indirect parent thereof), and (ii) a public rating in respect of the Term Loans by eachat least two Facility from each of S&P and, Xxxxx’x and Fitch.Xxxxx’x. 113 J. Crew – A&R Term Loan Credit Agreement 113 WEIL:\96135034\1\54457.0006

Appears in 1 contract

Samples: Credit Agreement (J Crew Group Inc)

Maintenance of Ratings. The At all times, the Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating each of Holdings and the Term Borrower shall use commercially reasonable efforts to cause the Loans to be continuously rated by eachat least two of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Intercreditor Agreement (Continental Building Products, Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and FitchBorrower.

Appears in 1 contract

Samples: Credit Agreement (Constellium N.V.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) in effect a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans credit facilities hereunder by eachat least two each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (CyrusOne Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and continuously a public corporate family rating (or comparable public ratings) from Xxxxx’xMxxxx’x and a public corporate credit rating (or comparable public rating) from S&P, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public credit rating from each of Mxxxx’x and S&P in respect of the Tranche A Term Loans by eachat least two of S&P andand the Tranche B Term Loans (in each case, Xxxxx’x and Fitchwith no requirement as to any minimum rating).

Appears in 1 contract

Samples: Counterpart Agreement (Fusion Connect, Inc.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMoody’s, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Initial Term Loans Facility under this Agreement by eachat least two each of S&P andand Moody’s, Xxxxx’x and Fitchbut in any event, not a specific rating.

Appears in 1 contract

Samples: Credit Agreement (Ww International, Inc.)

Maintenance of Ratings. The US Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchUS Borrower, and (ii) a public rating (but not any specific rating) in respect of each of the Term Loans by eachat least two B Facilities from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (W R Grace & Co)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to obtain and maintain (but not maintain any specific rating) (a) a public corporate family and/or corporate credit ratingdebt rating in respect of the Borrower, and (b) for so long as applicableany Initial Term Loans are outstanding, from S&P and a public corporate family debt rating from Xxxxx’xin respect of the Initial Term Loans, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x under clauses (a) and Fitch, and a public rating of the Term Loans by eachat least two (b) from each of S&P and, Xxxxx’x and FitchMxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Maxar Technologies Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&PBorrower (or, Xxxxx’x and Fitchits applicable public parent entity), and (ii) a public rating (but not any specific rating) in respect of each of the Term Loans by eachat least two Facility from each of S&P and, Xxxxx’x and Fitch.Xxxxx’x. 128

Appears in 1 contract

Samples: Credit Agreement (Clear Channel Outdoor Holdings, Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) at all times a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xXxxxx'x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and FitchBorrower.

Appears in 1 contract

Samples: Credit Agreement (Cloud Peak Energy Inc.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (i) a public corporate credit rating (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating (but not any specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not any specific rating) in respect of each of the Term B Loans by eachat least two from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Wyndham Hotels & Resorts, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Vistra Corp.)

Maintenance of Ratings. The Borrower will and its Restricted Subsidiaries shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case Xxxxx’x in respect of the Borrowerat least two of S&P, Xxxxx’x Borrower and Fitch, and (ii) a public credit rating in respect of the Term Loans by eachat least two from each of S&P and, and Xxxxx’x and Fitch(it being understood that there shall be no requirement to maintain any specific credit rating).

Appears in 1 contract

Samples: Credit Agreement (Atlas Energy, L.P.)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMxxxx’x, in each case case, in respect of the Borrowerat least two of S&P, Xxxxx’x Borrower and Fitch, and (ii) a public credit rating of with respect to the Term Loans by eachat least two Facilities from each of S&P andand Mxxxx’x, Xxxxx’x and Fitchin all cases, without regard to the level of such ratings.

Appears in 1 contract

Samples: Credit Agreement (Ani Pharmaceuticals Inc)

Maintenance of Ratings. The Borrower will use Use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMxxxx’x, in each case in respect of the Borrowerat least two of S&PBorrower (or, Xxxxx’x and Fitchalternatively, any direct or indirect parent thereof), and (ii) a public rating in respect of the Term Loans by eachat least two Facility from each of S&P and, Xxxxx’x and FitchMxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (J Crew Group Inc)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain a public corporate credit rating (but not obtain or maintain any a specific rating) a public corporate family and/or corporate credit rating, as applicable, from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans and the First Lien Loans by eachat least two each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Intercreditor Agreement (KC Holdco, LLC)

Maintenance of Ratings. The At all times, the Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans Borrower shall use commercially reasonable efforts to cause the FILO Credit Facility to be continuously rated by eachat least two of S&P andand Xxxxx’x (it being understood that, Xxxxx’x and Fitchin each case, there shall be no obligation to maintain specific ratings from either S&P or Xxxxx’x).

Appears in 1 contract

Samples: Credit Agreement (Southeastern Grocers, Inc.)

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

Appears in 1 contract

Samples: Security Agreement (Energy Future Competitive Holdings Co LLC)

Maintenance of Ratings. The If, and only if, the Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a obtains public corporate family and/or corporate credit rating, as applicable, rating of the Facilities from each of S&P and Xxxxx’x, a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Borrower from Xxxxx’x and Fitch, and a public corporate credit rating of the Term Loans by eachat least two Borrower from S&P, at all times 158 thereafter, use commercially reasonable efforts (to the extent availability of necessary financial information) to maintain such ratings from each of S&P and, and Xxxxx’x and Fitch(but not any specific credit rating).

Appears in 1 contract

Samples: First Lien Credit Agreement (Evoqua Water Technologies Corp.)

Maintenance of Ratings. The Borrower will use Use commercially reasonable efforts to maintain (but not maintain any specific rating) a public Borrower corporate family and/or corporate rating and a credit rating, as applicable, rating on the Loans from S&P Mxxxx’x and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of on the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitch.from S&P.

Appears in 1 contract

Samples: Credit Agreement (Macquarie Infrastructure CO LLC)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xMxxxx’x, in each case in with respect of to the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans and (prior to the Revolving Maturity Date, the Revolving Facility) by eachat least two each of S&P and, Xxxxx’x and FitchMxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Virtu Financial, Inc.)

Maintenance of Ratings. The If, and only if, the Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a obtains public corporate family and/or corporate credit rating, as applicable, rating of the Facilities from each of S&P and Mxxxx’x, a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, Borrower from Mxxxx’x and a public corporate credit rating of the Term Loans by eachat least two Borrower from S&P, at all times thereafter, use commercially reasonable efforts (to the extent availability of necessary financial information) to maintain such ratings from each of S&P and, Xxxxx’x and FitchMxxxx’x (but not any specific credit rating).

Appears in 1 contract

Samples: First Lien Credit Agreement (Evoqua Water Technologies Corp.)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P Standard & Poor’s Ratings Service and a public corporate family rating from Xxxxx’xXxxxx’x Investors Service, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and Fitch, and a public rating of the Term Loans by eachat least two of S&P and, Xxxxx’x and Fitch.Inc.

Appears in 1 contract

Samples: Credit Agreement (Burlington Northern Santa Fe Corp)

Maintenance of Ratings. The Borrower will use commercially reasonable efforts to maintain (but not maintain any specific rating) in effect a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’xXxxxx'x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Term Loans credit facilities hereunder by eachat least two each of S&P and, Xxxxx’x and FitchXxxxx'x.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Bell Inc)

Maintenance of Ratings. The Borrower will Borrowers shall use commercially reasonable efforts to maintain (but not maintain any specific ratingi) a public corporate family and/or corporate credit rating (but not a specific rating, as applicable, ) from S&P and a public corporate family rating (but not a specific rating) from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and (ii) a public rating (but not a specific rating) in respect of the Initial Term Loans by eachat least two from each of S&P and, Xxxxx’x and FitchXxxxx’x.

Appears in 1 contract

Samples: Credit Agreement (Casella Waste Systems Inc)

Maintenance of Ratings. The Borrower will shall use commercially reasonable efforts to maintain (but not maintain any specific rating) a public corporate family and/or corporate credit rating, as applicable, rating from S&P and a public corporate family rating from Xxxxx’x, in each case in respect of the Borrowerat least two of S&P, Xxxxx’x and FitchBorrower, and a public rating of the Initial Term Loans Facility under this Agreement by eachat least two each of S&P andand Xxxxx’x, Xxxxx’x and Fitchbut in any event, not a specific rating.

Appears in 1 contract

Samples: Credit Agreement (Ww International, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Synchronoss Technologies Inc)

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