Common use of Hybrid Securities Clause in Contracts

Hybrid Securities. For purposes of determining Total Funded Debt and Net Worth, Hybrid Securities shall be accorded the same capital treatment as given to such Hybrid Securities by either S&P or ▇▇▇▇▇’▇ (whichever gives the lower treatment) at the time of issuance thereof; provided, however, that the maximum amount of Hybrid Securities that may be included in Net Worth and excluded from Total Funded Debt shall not at any time exceed 15% of the sum of Total Funded Debt plus Net Worth, in each case including such Hybrid Securities in accordance with their capital treatment by either S&P or ▇▇▇▇▇’▇ (whichever is used in accordance with this paragraph). (f) Section 6.12(j) of the Credit Agreement is amended to read in its entirety as set forth below:

Appears in 2 contracts

Sources: Multicurrency Credit Agreement (Cliffs Natural Resources Inc.), Term Loan Agreement (Cliffs Natural Resources Inc.)