Suspended Terms Clause Samples
The Suspended Terms clause defines circumstances under which certain obligations or provisions of an agreement are temporarily put on hold. In practice, this clause may apply if a party is unable to perform due to events like force majeure, regulatory changes, or other specified disruptions, during which the affected terms are not enforced until the suspension ends. Its core function is to provide flexibility and fairness by preventing parties from being penalized for non-performance during periods when fulfilling contractual duties is impossible or impractical.
Suspended Terms. Notwithstanding anything to the contrary contained herein but subject to the terms of this Section 10.18, the Borrower will not be subject to Section 7.1(d) (the “Interest Coverage Ratio”) and Section 7.4 at any time after the date on which the Facility or the Index Debt have Investment Grade Ratings from both S&P and Fitch. In the event that the Borrower is not subject to the Interest Coverage Ratio for any period of time as a result of the foregoing, and on a subsequent date one or both of S&P and Fitch (1) withdraw their Investment Grade Rating for the Facility and the Index Debt or downgrade the rating assigned to the Facility and the Index Debt below an Investment Grade Rating, or (2) the Borrower or any of its Affiliates enters into an agreement to effect a transaction and one or more of S&P and Fitch indicates that, if consummated, such transaction (alone or together with any related recapitalization or refinancing transactions) would cause either or both of S&P and Fitch to withdraw its Investment Grade Rating for the Facility and the Index Debt or downgrade the rating assigned to the Facility and the Index Debt below Investment Grade Rating, then, without limiting the first sentence of this Section 10.18, the Borrower will thereafter again be subject to the Interest Coverage Ratio.
Suspended Terms. Notwithstanding anything to the contrary contained herein but subject to the terms of this Section 10.18, the Borrower will not be subject to Section 7.1(d) (the “Interest Coverage Ratio”) and Section 7.4 (the “Suspended Terms”) at any time after the date on which the Facility or the Index Debt have Investment Grade Ratings from both S&P and Fitch. In the event that the Borrower is not subject to the Suspended TermsInterest Coverage Ratio for any period of time as a result of the foregoing, and on a subsequent date one or both of S&P and Fitch (1) withdraw their Investment Grade Rating for the Facility and the Index Debt or downgrade the rating assigned to the Facility and the Index Debt below an Investment Grade Rating, or (2) the Borrower or any of its Affiliates enters into an agreement to effect a transaction and one or more of S&P and Fitch indicates that, if consummated, such transaction (alone or together with any related recapitalization or refinancing transactions) would cause either or both of S&P and Fitch to withdraw its Investment Grade Rating for the Facility and the Index Debt or downgrade the rating assigned to the Facility and the Index Debt below Investment Grade Rating, then, without limiting the first sentence of this Section 10.18, the Borrower will thereafter again be subject to the Suspended TermsInterest Coverage Ratio.
Suspended Terms. Notwithstanding anything to the contrary contained herein, on and after the Investment Grade Release Date, the Company and its Subsidiaries will not be subject to Sections 5.01(e), 5.01(i), 5.10, 6.06, 6.08 and 6.10 at any time.