Class D Certificates Clause Samples
Class D Certificates. 9 Class D Interest Carryover Shortfall...........................................8 Class D Interest Distributable Amount..........................................8 Class D Interest Rate..........................................................8 Class D Maturity Date..........................................................8 Class D Monthly Interest Distributable Amount..................................9
Class D Certificates. The terms and conditions applicable to the Class D Certificates are as follows:
(a) The aggregate principal amount of the Class D Certificates that shall be authenticated under the Agreement (except for Class D Certificates authenticated and delivered pursuant to Sections 3.03, 3.04 and 3.05 of the Basic Agreement) upon their initial issuance is $ .
(b) The Regular Distribution Dates with respect to any payment of Scheduled Payments for the Class D Certificates means each April 1 and October 1, commencing on April 1, 2004, until all payments in respect of the Equipment Notes has been made. Except as described herein, Scheduled Payments for the Class D Certificates shall not include any Excess Interest nor any Investment Income.
(c) The Special Distribution Dates with respect to the Class D Certificates shall be each Business Day on which a Special Payment is to be distributed pursuant to this Agreement. Except as described herein, Special Payments for the Class D Certificates shall not include any Excess Interest nor any Investment Income.
(d) (i) The Class D Certificates shall be in the form attached hereto as Exhibit A–1. Each purchaser of Class D Certificates, by its acceptance of such Certificate or its interest therein, will be deemed to represent and warrant to and for the benefit of the Company that either (x) for the entire period during which such person holds its interest in this Certificate, no portion of the assets used by such person to acquire and hold its interest in this Certificate constitute the assets of any employee benefit plan subject to Title I of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), a plan, account or arrangement subject to Section 4975 of the Internal Revenue Code of 1986, as amended (the “Code”), or provisions under any federal, state, local, non-U.S. or other laws or regulations that are similar to such provisions of ERISA or the Code (collectively, “Similar Laws”), or any entity whose underlying assets are considered to include “plan assets” of any such plan, account or arrangement or (y) its purchase and holding of this Certificate (or any interest therein) will not constitute or result in a non-exempt prohibited transaction under ERISA or Section 4975 of the Code or a violation under any applicable Similar Laws.
(ii) The Class D Certificates shall be Book-Entry Certificates, which shall be subject to the conditions set forth in the Letter of Representations among the Guarantor, the Company...
Class D Certificates. Class EL Interest. . . . . . . . . . .