Suspension of Covenants. (a) During any period of time that: (i) the Notes have Investment Grade Ratings from two Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer and the Restricted Subsidiaries shall not be subject to the provisions of Sections 4.03, 4.04, 4.05, 4.06, 4.07, 5.01(a)(iv), 4.11, and 4.14 (collectively, the “Suspended Covenants”).
Appears in 11 contracts
Samples: Indenture (Intelsat LTD), Supplemental Indenture (Intelsat LTD), Indenture (Intelsat LTD)
Suspension of Covenants. (a) During any period of time that: (i) the Notes have Investment Grade Ratings from two Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer and the Restricted Subsidiaries shall not be subject to the provisions of Sections 4.03, 4.04, 4.05, 4.06, 4.07, 5.01(a)(iv), 4.11, 4.14 and 4.14 5.01(a)(iv) (collectively, the “Suspended Covenants”).
Appears in 9 contracts
Samples: Intelsat (Intelsat S.A.), Indenture (Intelsat S.A.), Indenture (Intelsat S.A.)
Suspension of Covenants. (a) During any period of time that: (i) the Notes have Investment Grade Ratings from at least two Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer Company and the Restricted Subsidiaries shall not be subject to the provisions of Sections 4.03, 4.04, 4.05, 4.06, 4.07, 5.01(a)(iv)4.08, 4.11, 4.12 and 4.14 5.01(a)(2) (collectively, the “Suspended Covenants”).
Appears in 3 contracts
Samples: Fourth Supplemental Indenture (Equinix Inc), Fifth Supplemental Indenture (Equinix Inc), Equinix Inc
Suspension of Covenants. (a) During any period of time that: (i) the Notes have Investment Grade Ratings from two Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer Company and the its Restricted Subsidiaries shall not be subject to the provisions of Sections 4.033.10, 4.044.7, 4.054.8, 4.064.9, 4.074.10, 5.01(a)(iv), 4.11, 4.11 and 4.14 5.1(a)(2) (collectively, the “Suspended Covenants”).
Appears in 3 contracts
Samples: Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc), Indenture (Mobile Mini Inc)
Suspension of Covenants. (a) During any period of time that: (i) the Notes have Investment Grade Ratings from two Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer Company and the Restricted Subsidiaries shall not be subject to the provisions of Sections 4.03, 4.04, 4.05, 4.06, 4.07, 5.01(a)(iv)4.08, 4.11, 4.12 and 4.14 5.01(a)(2) (collectively, the “Suspended Covenants”).
Appears in 2 contracts
Samples: Second Supplemental Indenture (Equinix Inc), Equinix Inc
Suspension of Covenants. (a) During any period of time that: that (i) the Notes have Investment Grade Ratings from two of the Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer Company and the its Restricted Subsidiaries shall not be subject to the provisions of this Indenture described under Sections 4.033.9, 4.043.10, 4.053.11, 4.063.12, 4.073.13, 5.01(a)(iv3.14(b), 4.113.15, 3.16, 3.18, 3.19, 4.1(a)(ii) and 4.14 4.1(b)(ii) (collectively, the “Suspended Covenants”).
Appears in 2 contracts
Samples: Cemex Sab De Cv, Cemex Sab De Cv
Suspension of Covenants. (a) During any period of time that: that (i) the Notes have Investment Grade Ratings from two both Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer Company and the its Restricted Subsidiaries shall will not be subject to the provisions of Sections 4.033.8, 4.043.9, 4.053.10, 4.063.11, 4.073.12, 5.01(a)(iv)3.13, 4.113.14, 3.15, 3.17, 3.18, 3.19(b) and 4.14 4.1(a)(2) (collectively, the “Suspended Covenants”).
Appears in 2 contracts
Samples: Indenture (Homex Development Corp.), Homex Development Corp.
Suspension of Covenants. (a) During any period of time that: that (i) the Notes have Investment Grade Ratings from any two Rating 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”), the Issuer Issuers and the Restricted Subsidiaries shall will not be subject to the provisions of Sections 4.034.08, 4.04, 4.05, 4.06, 4.07, 5.01(a)(iv)4.10, 4.11, and 4.14 4.12, 4.13 or 5.01(a)(4) hereof (collectively, the “Suspended Covenants”).
Appears in 1 contract
Samples: Indenture (Vrio Corp.)
Suspension of Covenants. (a) During any period of time that: that (i) the Notes have Investment Grade Ratings from two both Rating Agencies and (ii) no Default or Event of Default has occurred and is continuing (the occurrence of the events described in the foregoing clauses (i) and (ii) being collectively referred to as a “Covenant Suspension Event”), the Issuer Company and the its Restricted Subsidiaries shall will not be subject to the provisions of Sections 4.033.8, 4.043.9, 4.053.10, 4.063.11, 4.073.12, 5.01(a)(iv)3.13, 4.113.14, 3.15, 3.17, 3.18 and 4.14 4.1(a)(2) (collectively, the “Suspended Covenants”).
Appears in 1 contract
Samples: Indenture (Homex Development Corp.)