Common use of Comparative Covenants Clause in Contracts

Comparative Covenants. If at any time: (a) the Note Documents or the Shelf Facility (or any instrument which refinances or replaces the Note Documents or the Shelf Facility) include any Financial Covenant (howsoever described) not set out in the Finance Documents (any such provision, a New Covenant); or (b) any Financial Covenant contained in the Note Documents or the Shelf Facility (or any instrument which refinances or replaces the Note Documents or the Shelf Facility) would be more beneficial to the Finance Parties than any analogous provision contained in the Finance Documents (any such provision, an Improved Covenant and, together with any New Covenants, the Additional Covenants), then the Company shall provide an Additional Covenant notice to the Agent. Upon receipt of such notice, unless waived in writing by the Majority Lenders within 16 days of receipt of such Additional Covenant notice by the Agent, such Additional Covenant shall be deemed automatically incorporated by reference into this Agreement as if set out fully therein, without any further action required on the part of any person, effective as of the date when such Additional Covenant became effective under the Note Documents. Thereafter upon the request of the Agent, the Company shall enter into any additional agreement or amendment to this Agreement reasonably requested by the Agent evidencing that such Additional Covenant is incorporated into this Agreement.

Comparative Covenants. If at any time: (a) the Note Finance Documents or the Shelf Facility (or includes any instrument which refinances or replaces the Note Documents or the Shelf Facility) include any Financial Covenant representation, financial covenant, undertaking, event of default (howsoever described) guarantee or security not set out in the Senior Finance Documents (any such provision, a New Covenant); or (b) any Financial Covenant representation, financial covenant, undertaking, event of default, guarantee or security contained in the Note Finance Documents or the Shelf Facility (or any instrument which refinances or replaces the Note Documents or the Shelf Facility) would be more beneficial to the Senior Finance Parties than any analogous provision contained in the Senior Finance Documents (any such provision, an Improved Covenant and, together with any New Covenants, the Additional Covenants), then the Company shall provide an Additional Covenant notice to the Senior Agent. Upon receipt of such notice, unless waived in writing by the Majority Senior Lenders within 16 15 days of receipt of such Additional Covenant notice by the Senior Agent, such Additional Covenant shall be deemed automatically incorporated by reference into this the Senior Facilities Agreement as if set out fully therein, without any further action required on the part of any person, effective as of the date when such Additional Covenant became effective under the Note Finance Documents. Thereafter upon the request of the Senior Agent, the Company shall enter into any additional agreement or amendment to this the Senior Facilities Agreement reasonably requested by the Senior Agent evidencing that such Additional Covenant is incorporated into this the Senior Facilities Agreement.

Comparative Covenants. If at any time: (a) the Note Documents or the Shelf Facility (or any instrument which refinances or replaces the Note Documents or the Shelf Facility) include any Financial Covenant representation, financial covenant, undertaking, event of default (howsoever described) guarantee or security not set out in the Finance Documents (any such provision, a New Covenant); or (b) any Financial Covenant representation, financial covenant, undertaking, event of default, guarantee or security contained in the Note Documents or the Shelf Facility (or any instrument which refinances or replaces the Note Documents or the Shelf Facility) would be more beneficial to the Finance Parties than any analogous provision contained in the Finance Documents (any such provision, an Improved Covenant and, together with any New Covenants, the Additional Covenants), then the Company shall provide an Additional Covenant notice to the Agent. Upon receipt of such notice, unless waived in writing by the Majority Lenders within 16 days of receipt of such Additional Covenant notice by the Agent, such Additional Covenant shall be deemed automatically incorporated by reference into this Agreement as if set out fully therein, without any further action required on the part of any person, effective as of the date when such Additional Covenant became effective under the Note Documents. Thereafter upon the request of the Agent, the Company shall enter into any additional agreement or amendment to this Agreement reasonably requested by the Agent evidencing that such Additional Covenant is incorporated into this Agreement.