Suspension of Covenants. (a) During any period of time that the Notes do not have Investment Grade Ratings from two of the Rating Agencies and (i) the Consolidated Leverage Ratio of the Issuer is less than 3.5:1 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 “Partial Covenant Suspension Event”), the Issuer and its Restricted Subsidiaries shall not be subject to the provisions of this Indenture described under Sections 3.12, 3.13, 3.14(b), 3.15, 3.18, 3.19 and 4.1(a)(ii) (collectively, the “Partial Suspended Covenants”).
Appears in 12 contracts
Samples: Cemex Sab De Cv, Financing Agreement (Cemex Sab De Cv), Financing Agreement (Cemex Sab De Cv)
Suspension of Covenants. (a) During any period of time that the Notes do not have Investment Grade Ratings from two of the Rating Agencies and (i) the Consolidated Leverage Ratio of the Issuer Company is less than 3.5:1 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 “Partial Covenant Suspension Event”), the Issuer Company and its Restricted Subsidiaries shall not be subject to the provisions of this Indenture described under Sections 3.12, 3.13, 3.14(b), 3.15, 3.18, 3.19 3.19, 4.1(a)(ii) and 4.1(a)(ii4.1(b)(ii) (collectively, the “Partial Suspended Covenants”).
Appears in 5 contracts
Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Cemex Sab De Cv
Suspension of Covenants. (a) During any period of time that the Notes do not have Investment Grade Ratings from two of the Rating Agencies and (i) the Consolidated Leverage Ratio of the Issuer is less than 3.5:1 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 “Partial Covenant Suspension Event”), the Issuer and its Restricted Subsidiaries shall not be subject to the provisions of this Indenture described under Sections 3.12, 3.13, 3.14(b), 3.15, 3.18, 3.19 3.19, and 4.1(a)(ii) (collectively, the “Partial Suspended Covenants”).
Appears in 5 contracts
Samples: Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv), Intercreditor Agreement (Cemex Sab De Cv)
Suspension of Covenants. (a) During any period of time that the Notes do not have Investment Grade Ratings from two of the Rating Agencies and (i(i) the Consolidated Leverage Ratio of the Issuer is less than 3.5:1 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 “Partial Covenant Suspension Event”), the Issuer and its Restricted Subsidiaries shall not be subject to the provisions of this Indenture described under Sections 3.123.12, 3.13, 3.14(b3.14(b), 3.153.15, 3.183.18, 3.19 3.19, and 4.1(a)(ii4.1(a)(ii) (collectively, the “Partial Suspended Covenants”).
Appears in 1 contract
Samples: Indenture (Cemex Sab De Cv)
Suspension of Covenants. (a) During any period of time that the Notes do not have Investment Grade Ratings from two of the Rating Agencies and (i) the Consolidated Leverage Ratio of the Issuer Company is less than 3.5:1 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 “Partial Covenant Suspension Event”), the Issuer Company and its Restricted Subsidiaries shall not be subject to the provisions of this Indenture described under Sections 3.12, 3.13, 3.14(b), 3.15, 3.18, 3.19 3.19, 4.1(a)(ii) and 4.1(a)(ii4.1(b)(ii) (collectively, the “Partial Suspended Covenants”).):
Appears in 1 contract
Samples: Cemex Sab De Cv