Common use of Avoidance Drawings Clause in Contracts

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing upon its receipt of the proceeds thereof and pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided Payment.

Appears in 4 contracts

Sources: Intercreditor Agreement (Us Airways Inc), Intercreditor Agreement (Us Airways Inc), Intercreditor Agreement (Us Airways Inc)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided Payment.

Appears in 2 contracts

Sources: Intercreditor Agreement (Northwest Airlines Inc /Mn), Intercreditor Agreement (Northwest Airlines Corp)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Drawing Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Drawing Agent shall promptly give notice thereof to each the Trustee, the Liquidity Providers Guarantor Trustee, the Cash Manager and the Policy Provider. The Subordination Agent Cash Manager shall thereupon calculate determine the relevant Avoided Payment with respect to the Certificates resulting therefrom and shall promptly: (ai) send to the Class G Trustee Drawing Agent a Written Notice of such amount and (bii) prior to the expiration of the Policy, instruct the Drawing Agent to, and the Drawing Agent shall, deliver to the Policy Provider or its fiscal agent a Notice of Avoided PaymentPayment under the Policy, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (each, an “Avoidance Drawing”) thereunder (for payment to the receiver, conservator, debtor-in-possession or possession, trustee in bankruptcy and/or to or the Subordination Drawing Agent (for deposit into the Policy Certificate Account), as applicable) ), in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment Avoidance Drawing is to be paid to the Subordination Agent, Drawing Agent such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the third Business Day that immediately follows the 25th day after following the date of such Written NoticeNotice referred to in clause (b) above. No later than 1:00 p.m. (New York City time) on the specified Special Distribution DateUpon receipt, the Subordination Drawing Agent shall make pay the proceeds of the specified Policy Drawing upon its receipt of the proceeds thereof and pay the amount thereof from under the Policy to the Certificate Account and the Pass Through Trustee shall direct the payment of such amount in the Certificate Account to the Class G Trustee in reinstatement holders of the Avoided PaymentCertificates.

Appears in 2 contracts

Sources: Trust Indenture (Aircastle LTD), Trust Indenture (Aircastle LTD)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing upon its receipt of the proceeds thereof and pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided PaymentPreference Amount.

Appears in 1 contract

Sources: Intercreditor Agreement (America West Airlines Inc)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Primary Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the amount of the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after Day that immediately precedes the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the third Business Day prior to the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing (as set forth in clause (b) above) and upon its receipt of the any proceeds thereof and thereof, pay the amount thereof such amounts from the Policy Account to the Class G Trustee in reinstatement of the Avoided Payment.

Appears in 1 contract

Sources: Intercreditor Agreement (Jetblue Airways Corp)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each the Class G Trustee, the Primary Liquidity Providers Provider and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount amounts and (b) prior to the expiration of the Policy, deliver to the Policy Provider or and its fiscal agent Fiscal Agent a Notice of Avoided PaymentPayment under such Policy, together with a copy of the documentation required by the such Policy with respect thereto, requesting a Policy Drawing thereunder (for payment to the receiver, conservator, debtor-in-possession or possession, trustee in bankruptcy and/or to or the Subordination Agent Agent, as applicable (for deposit into the Policy Account, as applicable)) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution DateUpon receipt, the Subordination Agent shall make pay the proceeds of the specified Policy Drawing upon its receipt of the proceeds thereof and pay the amount thereof from under the Policy Account to the Class G Trustee in reinstatement of the Avoided PaymentTrustee.

Appears in 1 contract

Sources: Intercreditor Agreement (Continental Airlines Inc /De/)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy January 3, 2023 and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing upon its receipt of the proceeds thereof and pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided PaymentPreference Amount.

Appears in 1 contract

Sources: Intercreditor Agreement (America West Airlines Inc)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Payment Account to the Class G Trustee in reinstatement of the Avoided PaymentPreference Amount.

Appears in 1 contract

Sources: Intercreditor Agreement (Northwest Airlines Inc /Mn)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing upon its receipt of the proceeds thereof and pay the amount thereof from the Policy Payment Account to the Class G Trustee in reinstatement of the Avoided PaymentPreference Amount.

Appears in 1 contract

Sources: Intercreditor Agreement (Amtran Inc)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Agent shall promptly give notice thereof to Northwest, each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider Provider, or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing Drawing, which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and, upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided Payment.

Appears in 1 contract

Sources: Intercreditor Agreement (Northwest Airlines Inc /Mn)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the Primary Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after Day that immediately precedes the date of the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the third Business Day prior to the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing (as set forth in clause (b) above) and upon its receipt of the any proceeds thereof and thereof, pay the amount thereof such amounts from the Policy Account to the Class G Trustee in reinstatement of the Avoided PaymentPreference Amount.

Appears in 1 contract

Sources: Intercreditor Agreement (Jetblue Airways Corp)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Agent shall promptly give notice thereof to Delta, each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider Provider, or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing Drawing, which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and, upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided Payment.

Appears in 1 contract

Sources: Intercreditor Agreement (Delta Air Lines Inc /De/)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any OrderFinal Order applicable to any Insured Senior Certificates (or related Equipment Notes), the Subordination Agent shall promptly give notice thereof to each the applicable Senior Trustee, the applicable Primary Liquidity Providers Provider and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G applicable Senior Trustee a Written Notice of such amount amounts and (b) prior to the expiration of the Policyapplicable Policy or Policies covering such Class of Insured Senior Certificates, deliver to the applicable Policy Provider or and its fiscal agent Fiscal Agent a Notice of Avoided PaymentPayment under such Policy, together with a copy of the documentation required by the such Policy with respect thereto, requesting a Policy Drawing thereunder (for payment to the receiver, conservator, debtor-in-possession or possession, trustee in bankruptcy and/or to or the Subordination Agent Agent, as applicable (for deposit into the applicable Policy Account, as applicable)) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the applicable Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution DateUpon receipt, the Subordination Agent shall make pay the proceeds of the specified Policy Drawing upon its receipt under the applicable Policy to the applicable Senior Trustee. References herein to the termination of a Policy or release of a Policy Provider, in each case following the surrender of a Policy to a Policy Provider shall not include the release of the proceeds thereof and pay obligations of such Policy Provider with respect to any payments on the amount thereof from the Policy Account applicable Insured Senior Certificates made prior to the Class G Trustee termination of such Policy and release of such Policy Provider which becomes an Avoided Payment subsequent to such termination and release and the obligations of such Policy Provider shall continue with respect to such Avoided Payment as and to the extent set forth in reinstatement of the Avoided Paymentsuch terminated Policy.

Appears in 1 contract

Sources: Intercreditor Agreement (Jetblue Airways Corp)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any an Order, the Subordination Agent shall promptly give notice thereof to Delta, each Trustee, the Primary Liquidity Providers Provider and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, Policy deliver to the Policy Provider Provider, or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing thereunder (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to by the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing Drawing, which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and, upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided PaymentTrustee.

Appears in 1 contract

Sources: Intercreditor Agreement (Delta Air Lines Inc /De/)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Final Order, the Subordination Agent shall promptly give notice thereof to American, each Trustee, the Liquidity Providers and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Payments resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, deliver to the Policy Provider Provider, or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoided Payment is to be paid to the Subordination Agent, such Such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing Drawing, which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and, upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided Payment.

Appears in 1 contract

Sources: Intercreditor Agreement (American Airlines Inc)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any an Order, the Subordination Agent shall promptly give notice thereof to American, each Trustee, the Class G Liquidity Providers Provider and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amount resulting therefrom and shall promptly: (a) send to the Class G Trustee a Written Notice of such amount and (b) prior to the expiration of the Policy, Policy deliver to the Policy Provider Provider, or its fiscal agent agent, a Notice of Avoided Payment, together with a copy of the documentation required by the Policy with respect thereto, requesting a Policy Drawing (for payment to the receiver, conservator, debtor-in-possession or trustee in bankruptcy and/or to the Subordination Agent for deposit into the Policy Account, as applicable) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to by the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing Drawing, which date shall constitute a Special Distribution Date and shall be the earlier of three the third Business Days after the date of Day that immediately precedes the expiration of the Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution Date, the Subordination Agent shall make the specified Policy Drawing and, upon its receipt of the proceeds thereof and thereof, pay the amount thereof from the Policy Account to the Class G Trustee in reinstatement of the Avoided PaymentTrustee.

Appears in 1 contract

Sources: Intercreditor Agreement (American Airlines Inc)

Avoidance Drawings. If at any time prior to the expiration of the Policy the Subordination Agent shall have actual knowledge of the issuance of any Order, the Subordination Agent shall promptly give notice thereof to each Trustee, the each Primary Liquidity Providers Provider and the Policy Provider. The Subordination Agent shall thereupon calculate the relevant Avoided Payment Preference Amounts resulting therefrom and shall promptly: (a) send to the Class G G-1 Trustee and the Class G-2 Trustee a Written Notice of such amount amounts and (b) prior to the expiration of the related Policy, deliver to the Policy Provider or its fiscal agent a Notice of Avoided PaymentPayment under such Policy, together with a copy of the documentation required by the such Policy with respect thereto, requesting a Policy Drawing thereunder (for payment to the receiver, conservator, debtor-in-possession or possession, trustee in bankruptcy and/or to or the Subordination Agent Agent, as applicable (for deposit into the applicable Policy Account, as applicable)) in an amount equal to the amount of the relevant Avoided PaymentPreference Amount. To the extent that any portion of such Avoided Payment Preference Amount is to be paid to the Subordination Agent, such Written Notice shall also set the date for the distribution of such portion of the proceeds of such Policy Drawing which date shall constitute a Special Distribution Date and shall be the earlier of three Business Days after the date of the expiration of the related Policy and the Business Day that immediately follows the 25th day after the date of such Written Notice. No later than 1:00 p.m. (New York City time) on the specified Special Distribution DateUpon receipt, the Subordination Agent shall make pay the proceeds of the specified Policy Drawing upon its receipt of under the proceeds thereof and pay the amount thereof from the related Policy Account to the Class G G-1 Trustee in reinstatement of and the Avoided PaymentClass G-2 Trustee, as applicable.

Appears in 1 contract

Sources: Intercreditor Agreement (Continental Airlines Inc /De/)