RATING PROCEDURES. References herein to any rating by Moody's or S&P shall include ratings determined by such Rating Agency or in accordance with guidelines approved by such Rating Agency (including, in the case of Moody's, Xxxxx'x Rating Correlation Procedures) and shall also be deemed to include an equivalent rating in a successor rating category of Moody's or S&P, as the case may be, or if neither of Moody's or S&P is in the business of rating securities, an equivalent rating from another Rating Agency. Notwithstanding the foregoing, for so long as Xxxxx'x is in the business of rating securities, unless the Rating Agency Condition with respect to Moody's shall have been satisfied or the Fund Investment in question is issued by Moody's or any Affiliate of Moody's, the Xxxxx'x Rating Correlation Procedures shall be applied. Notwithstanding any other provision contained above:
Appears in 3 contracts
Samples: Indenture (York Enhanced Strategies Fund, LLC), Credit Agreement (Special Value Expansion Fund, LLC), Credit Agreement (Special Value Opportunities Fund LLC)
RATING PROCEDURES. References herein to any rating by Moody's or S&P shall include ratings determined by such Rating Agency or in accordance with guidelines approved by such Rating Agency (including, in the case of Moody's, Xxxxx'x Moody's Rating Correlation Procedures) and shall also be deemed to include xx xxxlude an equivalent rating in a successor rating category of Moody's or S&P, as the case may be, or if neither of Moody's or S&P is in the business of rating securities, an equivalent rating from another Rating Agency. Notwithstanding the foregoing, for so long as Xxxxx'x Moody's is in the business of rating securities, unless the Rating Agency Ratxxx Xxxncy Condition with respect to Moody's shall have been satisfied or the Fund Investment in question is issued by Moody's or any Affiliate of Moody's, the Xxxxx'x Moody's Rating Correlation Procedures shall be applied. Notwithstanding Xxxxxxxstanding any other provision contained above:
Appears in 1 contract
Samples: Operating Agreement (York Enhanced Strategies Fund, LLC)