Common use of Termination of Certain Covenants in Event of Investment Grade Rating Clause in Contracts

Termination of Certain Covenants in Event of Investment Grade Rating. If at any time (the “Termination Date”) that (a) the Notes issued under this Indenture have Investment Grade Ratings from both Rating Agencies and (b) no Default or Event of Default has occurred and is continuing under this Indenture, Parent and its Restricted Subsidiaries shall no longer be subject to the following provisions of this Indenture: (1) Section 4.08; (2) Section 4.09; (3) Section 4.10; (4) upon the making of the election described in clause (b) of Section 4.11, clause (a) of Section 4.11; (5) Section 4.12; (6) Section 4.13; (7) Section 4.14; (8) clause (a) of Section 4.15; and (9) subclause (a)(4) of Section 5.01 (collectively, the “Terminated Covenants”). From and after the Termination Date, the Terminated Covenants shall not be subject to reinstatement notwithstanding any event including, without limitation, that subsequently, either of the Rating Agencies withdraws its rating or downgrades the ratings assigned to any Notes issued under this Indenture below the required Investment Grade Ratings such that both Rating Agencies at such time shall not have assigned to all Notes issued under this Indenture an Investment Grade Rating or a Default or Event of Default shall have occurred and be continuing.

Termination of Certain Covenants in Event of Investment Grade Rating. If at any time (the “Termination Date”) that (a) the Notes issued under this Indenture have Investment Grade Ratings from both Rating Agencies and (b) no Default or Event of Default has occurred and is continuing under this Indenture, Parent and its Restricted Subsidiaries shall no longer be subject to the following provisions of this Indenture: (1) Section 4.08; (2) Section 4.09; (3) Section 4.10; (4) upon the making of the election described in clause (b) of Section 4.11, clause (a) of Section 4.11; (5) Section 4.12; (6) Section 4.13; (7) Section 4.14; (8) clause (a) of Section 4.15; and (9) subclause (a)(4) of Section 5.01 (collectively, the “Terminated Covenants”). From and after the Termination Date, the Terminated Covenants shall not be subject to reinstatement notwithstanding any event including, without limitation, that subsequently, either of the Rating Agencies withdraws its rating or downgrades the ratings assigned to any Notes issued under this Indenture below the required Investment Grade Ratings such that both Rating Agencies at such time shall not have assigned to all Notes issued under this Indenture an Investment Grade Rating or a Default or Event of Default shall have occurred and be continuing.

Termination of Certain Covenants in Event of Investment Grade Rating. If at any time (the “Termination Date”) that (a) the Notes issued under this Indenture have Investment Grade Ratings from both Rating Agencies and (b) no Default or Event of Default has occurred and is continuing under this Indenture, Parent and its Restricted Subsidiaries shall no longer be subject to the following provisions of this Indenture: (1i) Section 4.08; (2ii) Section 4.09; (3iii) Section 4.10; (4iv) upon the making obligation of the election described in clause (b) of Company to make an Asset Sale Offer pursuant to Section 4.11, clause (a) of Section 4.114.12(c)(2); (5) Section 4.12; (6v) Section 4.13; (7vi) Section 4.14; (8) vii) clause (a1) of Section 4.15; and (9viii) subclause (a)(4) of Section 5.01 (collectively, the “Terminated Covenants”). From and after the Termination Date, the Terminated Covenants shall not be subject to reinstatement notwithstanding any event including, without limitation, that subsequently, (i) either of the Rating Agencies withdraws its rating or downgrades the ratings assigned to any Notes issued under this Indenture below the required Investment Grade Ratings such that both Rating Agencies at such time shall not have assigned to all Notes issued under this Indenture an Investment Grade Rating or (ii) a Default or Event of Default shall have occurred occured and be is continuing.