Common use of Avoidance Drawings Clause in Contracts

Avoidance Drawings. If at any time the Drawing Agent shall have actual knowledge of the issuance of any Final Order, the Drawing Agent shall promptly give notice thereof to the Trustee, the Guarantor Trustee, the Cash Manager and the Policy Provider. The Cash Manager shall thereupon determine the Avoided Payment with respect to the Certificates resulting therefrom and shall promptly: (i) send to the Drawing Agent a Written Notice of such amount and (ii) 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 Payment 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, trustee in bankruptcy or the Drawing Agent (for deposit into the Certificate Account), as applicable), in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoidance Drawing is to be paid to the 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 third Business Day following the date of such Written Notice referred to in clause (b) above. Upon receipt, the Drawing Agent shall pay the proceeds of the specified Policy Drawing 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 holders of the Certificates.

Appears in 2 contracts

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

Avoidance Drawings. If at any time a Responsible Officer of the Drawing Agent Trustee shall have actual knowledge of the issuance of any Final Order, the Drawing Agent Trustee shall promptly give notice thereof to the Trustee, the Guarantor Trustee, Policy Provider and the Cash Manager and the Policy ProviderManager. The Cash Manager shall thereupon determine the Avoided Payment with Payments in respect to of the Certificates Class G-1 Notes resulting therefrom and shall promptly: (i) send to the Drawing Agent Holders of the Notes a Written Notice of such amount amounts and (ii) prior to the expiration of the Policy, instruct deliver to the Drawing Agent Trustee a Written Notice instructing the Trustee to, and the Drawing Agent shallTrustee shall immediately, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment 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, trustee in bankruptcy or bankruptcy, and/or the Drawing Agent (Trustee for deposit into the Certificate related Note Account), as applicable), ) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoidance Drawing is to be paid to the Drawing Agent Trustee in respect of the Class G-1 Notes, 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 third Business Day following the date of such Written Notice the Policy Provider has received the documentation referred to in clause (bii) above. Upon receipt, the Drawing Agent Cash Manager shall pay the proceeds of the specified Policy Drawing under the Policy to the Certificate Account and the Pass Through Trustee shall direct the for payment of such amount in the Certificate Account to the holders Holders of the CertificatesClass G-1 Notes.

Appears in 2 contracts

Sources: Trust Indenture (Genesis Lease LTD), Trust Indenture (Babcock & Brown Air LTD)

Avoidance Drawings. If at any time the Drawing Agent Trustee shall have actual knowledge of the issuance of any Final Order, the Drawing Agent Trustee shall promptly give notice thereof to the Trustee, the Guarantor Trustee, the Cash Manager Liquidity Provider and the Policy Provider. The Cash Manager Trustee shall thereupon determine calculate the relevant Avoided Payment with respect to the Certificates Payments resulting therefrom and shall promptly: (ia) send to the Drawing Agent Securityholders a Written Notice of such amount amounts and (iib) 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 Payment 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, trustee in bankruptcy or the Drawing Agent Trustee (for deposit into the Certificate Policy Account), as applicable), ) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoidance Drawing Avoided Payment is to be paid to the Drawing Agent Trustee, 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 third earlier of three Business Days after the date of the expiration of the Policy and the Business Day following that immediately follows the 25th day after the date of such Written Notice referred to in clause (b) aboveNotice. Upon receipt, the Drawing Agent Trustee shall pay the proceeds of the specified Policy Drawing under the Policy to the Certificate Account and Securityholders or the Pass Through Trustee shall direct the payment of Liquidity Provider, as applicable on such amount in the Certificate Account to the holders of the CertificatesDistribution Date.

Appears in 1 contract

Sources: Indenture (Continental Airlines Inc /De/)

Avoidance Drawings. If at any time a Responsible Officer of the Drawing Agent Trustee shall have actual knowledge received written notice of the issuance of any Final Order, the Drawing Agent Trustee shall promptly give notice thereof to the Trustee, the Guarantor Trustee, Policy Provider and the Cash Manager and the Policy ProviderManager. The Cash Manager shall thereupon determine the relevant Avoided Payment with Payments in respect to of the Certificates Class G-3 Notes resulting therefrom and shall promptly: (ia) send to the Drawing Agent Holders of the Class G-3 Notes a Written Notice of such amount amounts and (iib) prior to the expiration of the Policy, instruct deliver to the Drawing Agent Trustee a Written Notice instructing the Trustee to, and the Drawing Agent shallTrustee shall immediately, deliver to the Policy Provider or its fiscal agent a Notice of Avoided Payment 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, trustee in bankruptcy or bankruptcy, and/or the Drawing Agent (Trustee for deposit into the Certificate related Note Account), as applicable), ) in an amount equal to the amount of the relevant Avoided Payment. To the extent any portion of such Avoided Payment is to be paid to a receiver, conservator, debtor-in-possession or trustee in bankruptcy, the Trustee shall pay such portion to such Person. To the extent that any portion of such Avoidance Drawing Avoided Payment is to be paid to the Drawing Agent Trustee in respect of the Class G-3 Notes, 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 third Business Day following the date of such Written Notice the Policy Provider has received the documentation referred to in clause (b) above. Upon receipt, the Drawing Agent Trustee shall pay the proceeds portion of such Avoided Payment paid to the Trustee to the Holders of the specified Policy Drawing 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 holders of the CertificatesClass G-3 Notes.

Appears in 1 contract

Sources: Trust Indenture (AerCap Holdings N.V.)

Avoidance Drawings. If at any time the Drawing Agent Trustee shall have actual knowledge of the issuance of any Final Order, the Drawing Agent Trustee shall promptly give notice thereof to the Trustee, the Guarantor Trustee, the Cash Manager Liquidity Provider and the Policy Provider. The Cash Manager Trustee shall thereupon determine calculate the relevant Avoided Payment with respect to the Certificates Payments resulting therefrom and shall promptly: : (ia) send to the Drawing Agent Securityholders a Written Notice of such amount amounts and (iib) 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 Payment 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, trustee in bankruptcy or the Drawing Agent Trustee (for deposit into the Certificate Policy Account), as applicable), ) in an amount equal to the amount of the relevant Avoided Payment. To the extent that any portion of such Avoidance Drawing Avoided Payment is to be paid to the Drawing Agent Trustee, 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 third earlier of three Business Days after the date of the expiration of the Policy and the Business Day following that immediately follows the 25th day after the date of such Written Notice referred to in clause (b) aboveNotice. Upon receipt, the Drawing Agent Trustee shall pay the proceeds of the specified Policy Drawing under the Policy to the Certificate Account and Securityholders or the Pass Through Trustee shall direct the payment of Liquidity Provider, as applicable on such amount in the Certificate Account to the holders of the CertificatesDistribution Date.

Appears in 1 contract

Sources: Indenture (Continental Airlines Inc /De/)