Common use of Suspension of Certain Covenants Clause in Contracts

Suspension of Certain Covenants. During any period of time that the Notes have Investment Grade Ratings from the Required Rating Agencies, the Company and the Restricted Subsidiaries shall not be subject to Sections 4.09, 4.10, 4.11, 4.12, 4.13, 4.14, 4.16, 4.18, 5.01(a)(3) and 5.01(b) hereof (collectively, the “Suspended Covenants”). In the event that the Company and the Restricted Subsidiaries are not subject to the Suspended Covenants for any period of time pursuant to this Section 4.21 and, subsequently, a Required Rating Agency withdraws its rating or downgrades the rating assigned to the Notes so that the Notes no longer have Investment Grade Ratings from the Required Rating Agencies, then the Company and the Restricted Subsidiaries shall thereafter again be subject to the Suspended Covenants with respect to any incurrences, actions or other events undertaken by the Company or any Restricted Subsidiary from that time forward, and compliance with the Suspended Covenants with respect to Restricted Payments made after the time of such withdrawal or downgrade shall be calculated in accordance with the terms of Section 4.12 hereof as though such covenant had been in effect during the entire period of time from the Issue Date.

Suspension of Certain Covenants. During any period of ------------------------------- time that (a) the Notes Securities have an Investment Grade Ratings Rating from the Required both Rating AgenciesAgencies and (b) no Default has occurred and is continuing under this Indenture, the Company and the Restricted Subsidiaries shall will not be subject to the provisions in Sections 4.094.03, 4.104.04, 4.11, 4.12, 4.13, 4.14, 4.16, 4.18, 5.01(a)(3) 4.07 and 5.01(b) hereof 4.08 (collectively, the “"Suspended Covenants”"). In the event that the Company and the Restricted Subsidiaries are not subject to the Suspended Covenants for any period of time pursuant to this Section 4.21 as a result of the preceding sentence and, subsequently, a Required one or both of the Rating Agency Agencies withdraws its rating or downgrades the rating assigned to the Notes so that the Notes no longer have Securities below an Investment Grade Ratings from the Required Rating AgenciesRating, or a Default occurs and is continuing, then the Company and the Restricted Subsidiaries shall will thereafter again be subject to the Suspended Covenants with respect to any incurrences, actions or other events undertaken by the Company or any Restricted Subsidiary from that time forwardCovenants, and compliance with the Suspended Covenants with respect to Restricted Payments made after the time of such withdrawal withdrawal, downgrade or downgrade shall Default will be calculated in accordance with the terms of Section 4.12 hereof 4.04 as though such covenant had been in effect during the entire period of time from since the Issue Date.