Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, and 4.1(a)(iv) (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.
Appears in 6 contracts
Samples: Supplemental Indenture (Axalta Coating Systems Ltd.), Supplemental Indenture (Axalta Coating Systems Ltd.), Indenture (Axalta Coating Systems Ltd.)
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) the Restricted Subsidiaries will not be subject to the covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.described in:
Appears in 3 contracts
Samples: Indenture (Gencorp Inc), Esterline Technologies Corp, Esterline Technologies Corp
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, 3.8 and 4.1(a)(iv) (collectively, the “Suspended Covenants”) shall will no longer be applicable to such Notes.
Appears in 3 contracts
Samples: Guarantors (Neiman Marcus Group LTD LLC), Neiman Marcus Group LTD LLC, Neiman Marcus Group LTD LLC
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this the Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Issuer and 4.1(a)(iv) the Restricted Subsidiaries will not be subject to the covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.described under:
Appears in 2 contracts
Samples: Indenture (Terra Industries Inc), Terra Investment Fund LLC
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, 3.11 and 4.1(a)(iv) (collectively, the “Suspended Covenants”) shall will no longer be applicable to such Notes.
Appears in 2 contracts
Samples: Mariposa Merger Sub (Neiman Marcus Group LTD Inc.), Mariposa Merger Sub (Neiman Marcus Group LTD Inc.)
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, 3.11 and 4.1(a)(iv4.1(iv) (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.
Appears in 2 contracts
Samples: Cedar I Merger (CommScope Holding Company, Inc.), Cedar I Merger (CommScope Holding Company, Inc.)
Covenant Suspension. (a) If on any date following the Issue Date Date, (i) the Notes have attain Investment Grade Ratings from both two Rating Agencies, Agencies and (ii) no Default or Event of Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”)Indenture, then, beginning on that day, Sections 3.34.06, 3.4, 3.6, 3.7, 3.8, 4.09 and 4.1(a)(iv) 4.10 will not be applicable to the Notes (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes).
Appears in 2 contracts
Samples: Supplemental Indenture (Pitney Bowes Inc /De/), Supplemental Indenture (Pitney Bowes Inc /De/)
Covenant Suspension. (a) If on During any date period of time following the Issue Date that (i) the Notes have Investment Grade Ratings from both Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Company and its Restricted Subsidiaries will not be subject to the following Sections 3.3, 3.4, 3.6, 3.7, 3.8, and 4.1(a)(iv) (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.of this Indenture:
Appears in 2 contracts
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both at least two Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) its Restricted Subsidiaries shall not be subject to the following covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.):
Appears in 2 contracts
Samples: cms.posadas.com, Yojne S.A.
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both two of the Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, 3.9, 3.11 and 4.1(a)(iv4.1(a)(1)(iv) (collectively, the “Suspended Covenants”) shall no longer be applicable to such the Notes.
Appears in 2 contracts
Samples: Indenture (Allison Transmission Holdings Inc), Indenture (Allison Transmission Holdings Inc)
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both two of the Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.5(a), 3.5(b), 3.6, 3.7, 3.8, 3.9, 3.11 and 4.1(a)(iv4.1(a)(1)(iv) (collectively, the “Suspended Covenants”) shall no longer be applicable to such the Notes.
Appears in 1 contract
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default or Event of Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Issuer and 4.1(a)(iv) its Restricted Subsidiaries will not be subject to the covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.contained in:
Appears in 1 contract
Samples: Indenture (Kemet Corp)
Covenant Suspension. (a) If on any date following the Issue Closing Date (i) the Notes have Investment Grade Ratings from both two Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Parent Guarantor and 4.1(a)(iv) the Restricted Subsidiaries will not be subject to the following covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.):
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Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) the Restricted Subsidiaries will not be subject to the covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.described under:
Appears in 1 contract
Samples: Rock-Tenn CO
Covenant Suspension. (a) If on any date following the Issue Closing Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Issuers and 4.1(a)(iv) the Restricted Subsidiaries will not be subject to the covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.described under:
Appears in 1 contract
Samples: Indenture (Stargazer Productions)
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”)) and upon receipt of an Officer’s Certificate certifying that the events in (i) and (ii) have occurred, Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) the Restricted Subsidiaries will not be subject to the covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.described under:
Appears in 1 contract
Samples: Mantech International Corp
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) its Restricted Subsidiaries will not be subject to the following covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.):
Appears in 1 contract
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agenciesat least two of Fitch, Xxxxx’x and S&P, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) its Restricted Subsidiaries shall not be subject to the following covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.):
Appears in 1 contract
Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this the Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) its Subsidiaries shall not be subject to Section 4.01 hereof (collectively, the “Suspended CovenantsCovenant”) shall no longer be applicable to such Notes).
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Covenant Suspension. (a) If on any date following the Issue Date Date, (i) either the Company or the Notes have has Investment Grade Ratings from both Rating Agencies, and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a the “Covenant Suspension Event”), Sections 3.3then, 3.4, 3.6, 3.7, 3.8, and 4.1(a)(iv) (collectivelybeginning on the first day following the Covenant Suspension Event, the “Suspended Covenants”) shall no longer Debt to Equity Covenant will not be applicable to such Notesapplicable.
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Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from both Rating Agencies, Agencies and (ii) no Default has occurred and is continuing under this Indenture (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), Sections 3.3, 3.4, 3.6, 3.7, 3.8, the Company and 4.1(a)(iv) its Restricted Subsidiaries will not be subject to the following covenants (collectively, the “Suspended Covenants”) shall no longer be applicable to such Notes.):
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