Common use of Termination of Certain Covenants Clause in Contracts

Termination of Certain Covenants. In the event that the ratings assigned to any Outstanding series of the Securities by Standard & Poor’s Ratings Services, a division of the XxXxxx-Xxxx Companies, Inc. (or successor thereto) and Xxxxx’x Investors Service, Inc. (or successor thereto) are equal to or higher than BBB– and Baa3, or the equivalents thereof, respectively (the “Investment Grade Ratings”), and notwithstanding that such may later cease to have an Investment Grade Rating, the Company and its Subsidiaries will not be subject to its obligations under Sections 10.08, 10.09, 10.12, 10.13, 10.14, 10.17, 10.19 and clauses 3 and 4 of Section 8.01, provided that no Default or Event of Default has occurred and is continuing. ARTICLE ELEVEN

Termination of Certain Covenants. In the event that the ratings assigned to any Outstanding series of the Securities Senior Notes by Standard & Poor’s Ratings Credit Market Services, a division of the XxXxxx-Xxxx Companies, Inc. Companies (or successor thereto) and Xxxxx’x Investors Service, Inc. (or successor thereto) are equal to or higher than BBB– BBB- and Baa3, or the equivalents thereof, respectively (the “Investment Grade Ratings”), and notwithstanding that such the Senior Notes may later cease to have an Investment Grade Rating, the Company and its Subsidiaries will not be subject to its obligations under Sections 10.081007, 10.091008, 10.121009, 10.131010, 10.14, 10.17, 10.19 1013 and 1015 and clauses 3 (iii) and 4 (iv) of Section 8.01801, provided that no Default or Event of Default has occurred and is continuing. ARTICLE ELEVEN

Termination of Certain Covenants. In the event that the ratings assigned to any Outstanding series of the Securities Senior Notes by Standard & Poor’s Ratings Credit Market Services, a division of the XxXxxx-Xxxx Companies, Inc. Companies (or successor thereto) and Xxxxx’x Investors Service, Inc. (or successor thereto) are equal to or higher than BBB– BBB- and Baa3, or the equivalents thereof, respectively (the “Investment Grade Ratings”), and notwithstanding that such the Senior Notes may later cease to have an Investment Grade Rating, the Company and its Subsidiaries will not be subject to its obligations under Sections 10.081007, 10.091008, 10.121011, 10.131012, 10.141013, 10.171016, 10.19 1018 and clauses 3 (iii) and 4 (iv) of Section 8.01801, provided that no Default or Event of Default has occurred and is continuing. ARTICLE ELEVENELEVEN REDEMPTION OF SENIOR NOTES

Termination of Certain Covenants. In the event that the ratings assigned to any Outstanding series of the Securities by Standard & Poor’s Ratings Services, a division of the XxXxxx-Xxxx Companies, Inc. (or successor thereto) and Xxxxx’x Investors Service, Inc. (or successor thereto) are equal to or higher than BBB– — and Baa3, or the equivalents thereof, respectively (the “Investment Grade Ratings”), and notwithstanding that such may later cease to have an Investment Grade Rating, the Company and its Subsidiaries will not be subject to its obligations under Sections 10.08, 10.09, 10.12, 10.13, 10.14, 10.17, 10.19 and clauses 3 and 4 of Section 8.01, provided that no Default or Event of Default has occurred and is continuing. ARTICLE ELEVEN.

Termination of Certain Covenants. In the event that the ratings assigned to any Outstanding series of the Securities Senior Notes by Standard & Poor’s Ratings Credit Market Services, a division of the XxXxxx-Xxxx Companies, Inc. Companies (or successor thereto) and Xxxxx’x Investors Service, Inc. (or successor thereto) are equal to or higher than BBB– — and Baa3, or the equivalents thereof, respectively (the “Investment Grade Ratings”), and notwithstanding that such the Senior Notes may later cease to have an Investment Grade Rating, the Company and its Subsidiaries will not be subject to its obligations under Sections 10.081007, 10.091008, 10.121011, 10.131012, 10.141013, 10.171016, 10.19 1018 and clauses 3 (iii) and 4 (iv) of Section 8.01801, provided that no Default or Event of Default has occurred and is continuing. ARTICLE ELEVENELEVEN REDEMPTION OF SENIOR NOTES