Common use of Suspension of Certain Covenants Clause in Contracts

Suspension of Certain Covenants. In the event that from time to time, after giving effect to the suspension of covenants and the event of default provided for in this Section 5.20, the Third Priority Fixed Rate Notes and the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x and BBB- or better by S&P, then the covenants contained in Section 5.4 (Restricted Payments), Section 5.5 (Dividend and Other Payment Restrictions Affecting Subsidiaries), Section 5.6 (Incurrence of Indebtedness and Issuance of Preferred Equity), Section 5.10 (Business Activities), Section 5.15 (Deposit of Revenues) and Section 7.1(j) shall be suspended. In the event that, at any time, neither the Third Priority Fixed Rate Notes nor the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x and BBB- or better by S&P, the covenants and event of default contained in such Sections shall be reinstated.

Suspension of Certain Covenants. In the event that that, from time to time, after giving effect to the suspension of covenants and the event of default provided for in this Section 5.20, the Third Priority Fixed Rate Notes and the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x and BBB- or better by S&P, then the covenants contained in Section 5.4 5.04 (Restricted Payments), Section 5.5 5.05 (Dividend and Other Payment Restrictions Affecting Subsidiaries), Section 5.6 5.06 (Incurrence of Indebtedness and Issuance of Preferred Equity), Section 5.10 (Business Activities), Section 5.15 5.16 (Deposit of Revenues) and Section 7.1(j7.01(i) shall be suspended. In the event that, at any time, neither the Third Priority Fixed Rate Notes nor the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x and BBB- BBB-or better by S&P, the covenants and event of default contained in such Sections shall be reinstated.

Suspension of Certain Covenants. In the event that that, from time to time, after giving effect to the suspension of covenants and the event of default provided for in this Section 5.20, the Third Priority Fixed Rate Notes and the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x Moody's and BBB- or better by S&P, then the covenants contained in Section 5.4 Xxxxxxx 5.04 (Restricted Payments), Section 5.5 5.05 (Dividend and Other Payment Restrictions Affecting Subsidiaries), Section 5.6 5.06 (Incurrence of Indebtedness and Issuance of Preferred Equity), Section 5.10 (Business Activities), Section 5.15 5.16 (Deposit of Revenues) and Section 7.1(j7.01(i) shall be suspended. In the event that, at any time, neither the Third Priority Fixed Rate Notes nor the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x Moody's and BBB- or better by S&P, the covenants and event of default contained defauxx xxxxained in such Sections shall be reinstated.

Suspension of Certain Covenants. In the event that that, from time to time, after giving effect to the suspension of covenants and the event of default provided for in this Section 5.20, the Third Priority Fixed Rate Notes and the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x and BBB- or better by S&P, then the covenants contained in Section 5.4 5.04 (Restricted Payments), Section 5.5 5.05 (Dividend and Other Payment Restrictions Affecting Subsidiaries), Section 5.6 5.06 (Incurrence of Indebtedness and Issuance of Preferred Equity), Section 5.10 (Business Activities), Section 5.15 5.16 (Deposit of Revenues) and Section 7.1(j7.01(i) shall be suspended. In the event that, at any time, neither the Third Priority Fixed Rate Notes nor the Third Priority Floating Rate Notes are rated Baa3 or better by Xxxxx'x and BBB- or better by S&P, the covenants and event of default contained in such Sections shall be reinstated.