Common use of Required Ratings Clause in Contracts

Required Ratings. Any Managing Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that public ratings of the facility evidenced by this Agreement of at least A-/A3 (the “Required Ratings”) be obtained from two credit rating agencies acceptable to such Requesting Party. Each of the Seller and the Servicer agree that they shall cooperate with such Requesting Party’s efforts to obtain the Required Ratings, and shall provide such Requesting Party, for distribution to the applicable credit rating agencies, any information reasonably requested by such credit rating agencies for purposes of providing the Required Ratings. Any such request (a “Ratings Request”) shall be in writing, and if the Required Ratings are not obtained within 60 days following the date of such Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Required Ratings is solely the result of such Requesting Party’s failure to provide the credit rating agencies with sufficient information to permit the credit rating agencies to perform their analysis, and is not the result of the Seller or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Party), (i) upon written notice by such Requesting Party to the Seller within 90 days after the Ratings Request Due Date, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above the Alternate Base Rate. Such Requesting Party shall pay the initial fees payable to the credit rating agencies for providing the Required Ratings.

Required Ratings. Any Managing The Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that a public ratings rating of the facility evidenced by this Agreement Purchaser Interests of at least A-/A3 “A” or its equivalent (the “Agent Required RatingsRating”) be obtained from two one credit rating agencies agency acceptable to such Requesting Partythe Agent. Each of the Seller Sellers and the Servicer agree that they shall cooperate with such Requesting Partythe Agent’s efforts to obtain the Agent Required RatingsRating, and shall provide such Requesting Partythe Agent, for distribution to the applicable credit rating agenciesagency, any information reasonably requested by such credit rating agencies agency for purposes of providing the Agent Required RatingsRating. Any such request (a “Agent Ratings Request”) shall be in writing, and if the Agent Required Ratings are Rating is not obtained within 60 days following the date of such Agent Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Agent Required Ratings Rating is solely the result of such Requesting Partythe Agent’s failure to provide the credit rating agencies agency with sufficient information to permit the credit rating agencies agency to perform their its analysis, and is not the result of the Seller Sellers’ or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Partythe Agent), (i) upon written notice by such Requesting Party the Agent to the Seller within 90 Sellers, which notice shall be given no less than 60 days after following such failure to obtain the Ratings Request Due DateAgent Required Rating, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above incur the Alternate Base RateDefault Fee. Such Requesting Party The Purchasers shall pay the initial fees payable to the credit rating agencies agency for providing the Agent Required RatingsRating, and the Sellers shall pay all ongoing fees payable to the credit rating agency for its continued monitoring of the Agent Required Rating.

Required Ratings. Any Managing The Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that a public ratings rating of the facility evidenced by this Agreement Facility of at least A-/A3 “A” or its equivalent (the “Agent Required RatingsRating”) be obtained from two one credit rating agencies agency acceptable to such Requesting Partythe Agent. Each of the Seller Sellers and the Servicer agree that they shall cooperate with such Requesting Partythe Agent’s efforts to obtain the Agent Required RatingsRating, and shall provide such Requesting Partythe Agent, for distribution to the applicable credit rating agenciesagency, any information reasonably requested by such credit rating agencies agency for purposes of providing the Agent Required RatingsRating. Any such request (a “Agent Ratings Request”) shall be in writing, and if the Agent Required Ratings are Rating is not obtained within 60 days following the date of such Agent Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Agent Required Ratings Rating is solely the result of such Requesting Partythe Agent’s failure to provide the credit rating agencies agency with sufficient information to permit the credit rating agencies agency to perform their its analysis, and is not the result of the Seller Sellers’ or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Partythe Agent), (i) upon written notice by such Requesting Party the Agent to the Seller within 90 Sellers, which notice shall be given no less than 60 days after following such failure to obtain the Ratings Request Due DateAgent Required Rating, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above incur the Alternate Base RateDefault Fee. Such Requesting Party The Purchasers shall pay the initial fees payable to the credit rating agencies agency for providing the Agent Required RatingsRating, and the Sellers shall pay all ongoing fees payable to the credit rating agency for its continued monitoring of the Agent Required Rating.

Required Ratings. Any Managing The Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that a public ratings rating of the facility evidenced by this Agreement Purchaser Interests of at least A-/A3 “AA” or its equivalent (the “Agent Required RatingsRating”) be obtained from two one credit rating agencies agency acceptable to such Requesting Partythe Agent. Each of the Seller Sellers and the Servicer agree that they shall cooperate with such Requesting Partythe Agent’s efforts to obtain the Agent Required RatingsRating, and shall provide such Requesting Partythe Agent, for distribution to the applicable credit rating agenciesagency, any information reasonably requested by such credit rating agencies agency for purposes of providing the Agent Required RatingsRating. Any such request (a “Agent Ratings Request”) shall be in writing, and if the Agent Required Ratings are Rating is not obtained within 60 days following the date of such Agent Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Agent Required Ratings Rating is solely the result of such Requesting Partythe Agent’s failure to provide the credit rating agencies agency with sufficient information to permit the credit rating agencies agency to perform their its analysis, and is not the result of the Seller Sellers’ or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Partythe Agent), (i) upon written notice by such Requesting Party the Agent to the Seller within 90 Sellers, which notice shall be given no less than 60 days after following such failure to obtain the Ratings Request Due DateAgent Required Rating, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above incur the Alternate Base RateDefault Fee. Such Requesting Party The Purchasers shall pay the initial fees payable to the credit rating agencies agency for providing the Agent Required RatingsRating, and the Sellers shall pay all ongoing fees payable to the credit rating agency for its continued monitoring of the Agent Required Rating.

Required Ratings. Any Managing The Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that a public ratings rating of the facility evidenced by this Agreement Purchaser Interests of at least A-/A3 “AA” or its equivalent (the “Agent Required RatingsRating”) be obtained from two one credit rating agencies agency acceptable to such Requesting Partythe Agent. Each of the Seller Sellers and the Servicer Servicers agree that they shall cooperate with such Requesting Partythe Agent’s efforts to obtain the Agent Required RatingsRating, and shall provide such Requesting Partythe Agent, for distribution to the applicable credit rating agenciesagency, any information reasonably requested by such credit rating agencies agency for purposes of providing the Agent Required RatingsRating. Any such request (a “Agent Ratings Request”) shall be in writing, and if the Agent Required Ratings are Rating is not obtained within 60 days following the date of such Agent Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Agent Required Ratings Rating is solely the result of such Requesting Partythe Agent’s failure to provide the credit rating agencies agency with sufficient information to permit the credit rating agencies agency to perform their its analysis, and is not the result of the Seller Sellers’ or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Partythe Agent), (i) upon written notice by such Requesting Party the Agent to the Seller within 90 Sellers, which notice shall be given no less than 60 days after following such failure to obtain the Ratings Request Due DateAgent Required Rating, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above incur the Alternate Base RateDefault Fee. Such Requesting Party The Purchasers shall pay the initial fees payable to the credit rating agencies agency for providing the Agent Required RatingsRating, and the Sellers shall pay all ongoing fees payable to the credit rating agency for its continued monitoring of the Agent Required Rating.

Required Ratings. Any Managing The Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that a public ratings rating of the facility evidenced by this Agreement Facility of at least A-/A3 “A” or its equivalent (the “Agent Required RatingsRating”) be obtained from two one credit rating agencies agency acceptable to such Requesting Partythe Agent-. Each of the Seller Sellers and the Servicer agree that they shall cooperate with such Requesting Partythe Agent’s efforts to obtain the Agent Required RatingsRating, and shall provide such Requesting Partythe Agent, for distribution to the applicable credit rating agenciesagency, any information reasonably requested by such credit rating agencies agency for purposes of providing the Agent Required RatingsRating. Any such request (a “Agent Ratings Request”) shall be in writing, and if the Agent Required Ratings are Rating is not obtained within 60 days following the date of such Agent Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Agent Required Ratings Rating is solely the result of such Requesting Partythe Agent’s failure to provide the credit rating agencies agency with sufficient information to permit the credit rating agencies agency to perform their its analysis, and is not the result of the Seller Sellers’ or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Partythe Agent), (i) upon written notice by such Requesting Party the Agent to the Seller within 90 Sellers, which notice shall be given no less than 60 days after following such failure to obtain the Ratings Request Due DateAgent Required Rating, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above incur the Alternate Base RateDefault Fee. Such Requesting Party The Purchasers shall pay the FIFTH AMENDED AND RESTATED RECEIVABLES PURCHASE AGREEMENT initial fees payable to the credit rating agencies agency for providing the Agent Required RatingsRating, and the Sellers shall pay all ongoing fees payable to the credit rating agency for its continued monitoring of the Agent Required Rating.

Required Ratings. Any Managing The Administrative Agent or any Financial Institution (each such Person, a “Requesting Party”) shall have the right at any time to request that public ratings of the facility evidenced by this Agreement of at least A-/A3 (the “Required Ratings”) be obtained from two credit rating agencies acceptable to such Requesting Partythe Administrative Agent. Each of the Seller and the Servicer agree that they shall cooperate with such Requesting Partythe Administrative Agent’s efforts to obtain the Required Ratings, and shall provide such Requesting Partythe Administrative Agent, for distribution to the applicable credit rating agencies, any information reasonably requested by such credit rating agencies for purposes of providing the Required Ratings. Any such request (a “Ratings Request”) shall be in writing, and if the Required Ratings are not obtained within 60 days following the date of such Ratings Request (the “Ratings Request Due Date”) (unless the failure to obtain the Required Ratings is solely the result of such Requesting Partythe Administrative Agent’s failure to provide the credit rating agencies with sufficient information to permit the credit rating agencies to perform their analysis, and is not the result of the Seller or the Servicer’s failure to cooperate or provide sufficient information to such Requesting Partythe Administrative Agent), (i) upon written notice by such Requesting Party the Administrative Agent to the Seller within 90 days after the Ratings Request Due Date, the Amortization Date shall occur, and (ii) outstanding Capital shall thereafter bear interest at a rate per annum equal to 2.00% above the Alternate Base Rate. Such Requesting Party The Administrative Agent or the relevant Purchasers shall pay the initial fees payable to the credit rating agencies for providing the Required Ratings. (i) Exhibit I to the Purchase Agreement is hereby amended to delete the definitions “Amortization Date” “Applicable Stress Factor”, “Dilution Horizon Factor”, “Funding Source”, “Independent Manager”, “Liquidity Termination Date” and “Receivable” and replace them with the following: