Common use of Amendment to Section 3.01 Clause in Contracts

Amendment to Section 3.01. Section 3.01 of the Original Indenture is hereby amended by deleting clauses “third” and “fourth” in their entirety and replacing them with the following: “third, after giving effect to clause “second” above, so much of such payment remaining as shall be required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Series B Equipment Notes shall be distributed to the Noteholders of Series B Equipment Notes ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Series B Equipment Note bears to the aggregate amount of the payments then due under all Series B Equipment Notes; fourth, after giving effect to clause “third” above (if any Additional Series Equipment Notes of a specified series shall have been issued hereunder and except as this clause “fourth” may be modified pursuant to clause (xv) of Section 9.01 in connection with any issuance or redemption and issuance from time to time of Additional Series Equipment Notes of one or more series), so much of such payment remaining as shall be required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Additional Series Equipment Notes of such series shall be distributed to the Noteholders of Additional Series Equipment Notes of such series ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Additional Series Equipment Note of such series bears to the aggregate amount of the payments then due under all Additional Series Equipment Notes of such series; and fifth, the balance, if any, of such installment remaining thereafter shall be distributed to the Company.”

Amendment to Section 3.01. Section 3.01 of the Original Indenture is hereby amended by deleting clauses “third” and “fourth” in their entirety and replacing them with the followingfollowing clauses “third” and “fourth”, respectively, and adding immediately thereafter the following clause “fifth”: “third, after giving effect to clause “second” above, so much of such payment remaining as shall be is required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Series B Equipment Notes shall be distributed to the Noteholders of Series B Equipment Notes ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Series B Equipment Note bears to the aggregate amount of the payments then due under all Series B Equipment Notes; fourth, after giving effect to clause “third” above (if any Additional Series Equipment Notes of a specified series shall have been issued hereunder and except as otherwise provided in an amendment to this clause “fourth” may be modified Indenture pursuant to clause paragraph (xvxiii) or (xiv) of Section 9.01 in connection with any issuance or redemption and issuance from time to time of Additional Series Equipment Notes of one or more series), 9.01) so much of such payment remaining as shall be is required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Additional Series Equipment Notes of such series a specified Series shall be distributed to the Noteholders of Additional Series Equipment Notes of such series Series ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Additional Series Equipment Note of such series Series bears to the aggregate amount of the payments then due under all Additional Series Equipment Notes of such seriesSeries, provided that this clause “fourth” shall apply to each Series of Additional Series Equipment Notes in order of priority of payment; and fifth, fifth¸ the balance, if any, of such installment remaining thereafter shall be distributed to the Company.”

Amendment to Section 3.01. Section 3.01 of the Original Indenture is hereby amended by deleting clauses “third” and “fourth” in their entirety and replacing them with the followingfollowing clauses “third” and “fourth”, respectively, and adding immediately thereafter the following clause “fifth”: “third, after giving effect to clause “second” above, so much of such payment remaining as shall be is required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Series B C Equipment Notes shall be distributed to the Noteholders of Series B C Equipment Notes ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Series B C Equipment Note bears to the aggregate amount of the payments then due under all Series B C Equipment Notes; fourth, after giving effect to clause “third” above (if any Additional Series Equipment Notes of a specified series shall have been issued hereunder and except as otherwise provided in an amendment to this clause “fourth” may be modified Indenture pursuant to clause paragraph (xv) or (xvi) of Section 9.01 in connection with any issuance or redemption and issuance from time to time of Additional Series Equipment Notes of one or more series), 9.01) so much of such payment remaining as shall be is required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Additional Series Equipment Notes of such series a specified Series shall be distributed to the Noteholders of Additional Series Equipment Notes of such series Series ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Additional Series Equipment Note of such series Series bears to the aggregate amount of the payments then due under all Additional Series Equipment Notes of such seriesSeries, provided that this clause “fourth” shall apply to each Series of Additional Series Equipment Notes in order of priority of payment; and fifth, fifth¸ the balance, if any, of such installment remaining thereafter shall be distributed to the Company.”

Amendment to Section 3.01. Section Section 3.01 of the Original Indenture is hereby amended by deleting clauses “third” and “fourth” in their entirety and replacing them with the following: “third, after giving effect to clause “second” above, so much of such payment remaining as shall be required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Series B Equipment Notes shall be distributed to the Noteholders of Series B Equipment Notes ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Series B Equipment Note bears to the aggregate amount of the payments then due under all Series B Equipment Notes; fourth, after giving effect to clause “third” above (if any Additional Series Equipment Notes of a specified series shall have been issued hereunder and except as this clause “fourth” may be modified pursuant to clause (xv) of Section 9.01 in connection with any issuance or redemption and issuance from time to time of Additional Series Equipment Notes of one or more series), so much of such payment remaining as shall be required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Additional Series Equipment Notes of such series shall be distributed to the Noteholders of Additional Series Equipment Notes of such series ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Additional Series Equipment Note of such series bears to the aggregate amount of the payments then due under all Additional Series Equipment Notes of such series; and fifth, the balance, if any, of such installment remaining thereafter shall be distributed to the Company.”

Amendment to Section 3.01. Section 3.01 of the Original Indenture is hereby amended by deleting clauses “thirdfourth” and “fourthfifth” in their entirety and replacing them with the followingfollowing clauses “fourth” and “fifth”, respectively, and adding immediately thereafter the following clause “sixth”: “thirdfourth, after giving effect to clause “secondthird” above, so much of such payment remaining as shall be is required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Series B C Equipment Notes shall be distributed to the Noteholders of Series B C Equipment Notes ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Series B C Equipment Note bears to the aggregate amount of the payments then due under all Series B C Equipment Notes; fourthfifth, after giving effect to clause “thirdfourth” above (if any Additional Series Equipment Notes of a specified series shall have been issued hereunder and except as otherwise provided in an amendment to this clause “fourth” may be modified Indenture pursuant to clause paragraph (xv) or (xvi) of Section 9.01 in connection with any issuance or redemption and issuance from time to time of Additional Series Equipment Notes of one or more series), 9.01) so much of such payment remaining as shall be is required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Additional Series Equipment Notes of such series a specified Series shall be distributed to the Noteholders of Additional Series Equipment Notes of such series Series ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Additional Series Equipment Note of such series Series bears to the aggregate amount of the payments then due under all Additional Series Equipment Notes of such seriesSeries, provided that this clause “fifth” shall apply to each Series of Additional Series Equipment Notes in order of priority of payment; and fifth, sixth¸ the balance, if any, of such installment remaining thereafter shall be distributed to the Company.”

Amendment to Section 3.01. Section 3.01 of the Original Indenture is hereby amended by deleting clauses “third” and “fourth” in their entirety and replacing them with the following: “third, after giving effect to clause “second” above, so much of such payment remaining as shall be required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Series B Equipment Notes shall be distributed to the Noteholders of Series B Equipment Notes ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Series B Equipment Note bears to the aggregate amount of the payments then due under all Series B Equipment Notes; fourth, after giving effect to clause “third” above (if any Additional Series Equipment Notes of a specified series shall have been issued hereunder and except as this clause “fourth” may be modified pursuant to clause (xv) of Section 9.01 in connection with any issuance or redemption and issuance from time to time of Additional Series Equipment Notes of one or more series), so much of such payment remaining as shall be required to pay in full the aggregate amount of the payment or payments of principal amount and interest (as well as any interest on any overdue principal amount and, to the extent permitted by applicable law, on any overdue interest and any other overdue amounts) then due under all Additional Series Equipment Notes of such series shall be distributed to the Noteholders of Additional Series Equipment Notes of such series ratably, without priority of one over the other, in the proportion that the amount of such payment or payments then due under each Additional Series Equipment Note of such series bears to the aggregate amount of the payments then due under all Additional Series Equipment Notes of such series; and fifth, the balance, if any, of such installment remaining thereafter shall be distributed to the Company.”