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. In the event that each of the Rating Categories assigned to the Notes of the Company by the Rating Agencies is Investment Grade, the provisions of Sections 1010, 1011, 1013, 1016, 1017 and 801(3) shall cease to apply to the Company and its Restricted Subsidiaries from and after the date on which the second of the Rating Agencies notifies the Company of the assignment of such Rating Category. Notwithstanding the foregoing, if the Rating Category assigned by either Rating Agency to the Notes should subsequently decline below Investment Grade, the foregoing covenants shall be reinstituted as and from the date of such rating decline.

Termination of Certain Covenants in Event of Investment Grade Rating. In the event that each of the Rating Categories assigned to the Notes of the Company by the Rating Agencies is Investment Grade, the provisions obligations under the covenants contained in Sections 4.07, 4.09, 4.10, 4.11, 4.15 and clause (iii) of Sections 1010, 1011, 1013, 1016, 1017 and 801(3Section 5.01(a) hereof shall cease to apply to the Company and its Restricted Subsidiaries from and after the date on which the second of the Rating Agencies notifies the Company of the assignment of such Rating Category. Notwithstanding the foregoing, if the Rating Category assigned by either Rating Agency to the Notes should subsequently decline below Investment Grade, the foregoing covenants and such Consolidated Net Worth requirement shall be reinstituted as and from the date of such rating decline.

Termination of Certain Covenants in Event of Investment Grade Rating. In the event that each of the Rating Categories assigned to the Notes of the Company by the Rating Agencies is Investment Grade, the provisions of Sections 1010, 1011, 1013, 1016, 1017 and 801(3) shall cease to apply to the Company and its Restricted Subsidiaries from and after the date on which the second of the Rating Agencies notifies the Company of the assignment of such Rating Category. Notwithstanding the -64- foregoing, if the Rating Category assigned by either Rating Agency to the Notes should subsequently decline below Investment Grade, the foregoing covenants shall be reinstituted as and from the date of such rating decline.