Common use of Covenant Suspension Clause in Contracts

Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from 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”), the Company and its Restricted Subsidiaries will not be subject to Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17 and clause (4) of Section 5.01(a) hereof (collectively, the “Suspended Covenants”).

Appears in 7 contracts

Samples: Intercreditor Agreement (Sabre Corp), Intercreditor Agreement (Sabre Corp), Indenture (Sabre Corp)

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Covenant Suspension. (a) If on During any date following period of time after the Issue Date that (i) the Notes have are rated Investment Grade Ratings from two by each of the 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”), the Company and its Restricted Subsidiaries will shall not be subject to Section 4.07the covenants in this Indenture described under Sections 4.06, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17 4.14 and clause 5.01(a)(3) (4) of Section 5.01(a) hereof (collectively, the “Suspended Covenants”).

Appears in 2 contracts

Samples: Indenture (Foresight Energy Partners LP), Indenture (Foresight Energy Partners LP)

Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from two 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 (but only to the Company and its extent relating to properties or assets of the Issuers or their Restricted Subsidiaries will that do not be subject to Section 4.07constitute Collateral), Section 4.083.8, Section 4.09, Section 4.10, Section 4.11, Section 4.17 and clause (44.1(a)(iv) of Section 5.01(a) hereof (collectively, the “Suspended Covenants”)) shall no longer be applicable to such Notes.

Appears in 1 contract

Samples: Indenture (Axalta Coating Systems Ltd.)

Covenant Suspension. (a) If on any date following the Issue Date date hereof (i) the Notes have Investment Grade Ratings from two 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”), the Company and its Restricted Subsidiaries will not be subject to Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.114.12, Section 4.17 4.13, Section 4.14, clauses 1(a) and (3) of Section 4.15, Section 4.17, and clause (4d) of the first paragraph of Section 5.01(a) hereof 5.01 (collectively, the “Suspended Covenants”).

Appears in 1 contract

Samples: Talecris Biotherapeutics Holdings Corp.

Covenant Suspension. (a) If on During any date following the Issue Date period of time that (i) the Notes have Investment Grade Ratings from two 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 Parent and its the Restricted Subsidiaries will not be subject to Section 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17 and clause the covenants (4) of Section 5.01(a) hereof (collectively, the “Suspended Covenants”) set forth in Sections 4.07, 4.08, 4.09, 4.10, 4.11, 4.13, 4.16 and 5.01(a)(3).

Appears in 1 contract

Samples: Indenture (Tronox LTD)

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Covenant Suspension. (a) If Following the first day (the “Suspension Date”) on any date following the Issue Date which (i) the Notes have an Investment Grade Ratings Rating from two both 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”)Indenture, the Company Issuer and its Restricted Subsidiaries will shall not be subject to Section the provisions of Sections 4.07, Section 4.08, Section 4.09, Section 4.10, Section 4.11, Section 4.17 and 4.10 (to the extent relating to properties or assets of the Issuer or any Restricted Subsidiary that do not constitute Collateral) or 4.11 hereof or clause (4) of Section 5.01(a) hereof (collectively, the “Suspended Covenants”).

Appears in 1 contract

Samples: Indenture (Patheon Inc)

Covenant Suspension. (a) If on any date following the Issue Date (i) the Notes have Investment Grade Ratings from two 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 (only to the Company and extent related to properties or assets of the Issuer or its Restricted Subsidiaries will that do not be subject to Section 4.07constitute Collateral), Section 4.083.8, Section 4.09, Section 4.10, Section 4.11, Section 4.17 3.11 and clause (44.1(iv) of Section 5.01(a) hereof (collectively, the “Suspended Covenants”)) shall no longer be applicable to such Notes.

Appears in 1 contract

Samples: Indenture (Zekelman Industries, Inc.)

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