Mismatch Commitment Period Clause Samples

Mismatch Commitment Period. 3.10.1 debis and each of the other Obligors hereby acknowledge and agree that, as at the Signing Date, no Mismatch Lender has committed to provide, nor has any Mismatch Lender obtained internal credit approvals in respect of, any Mismatch Loan and, accordingly, no Mismatch Lender has any obligations and/or liabilities in respect thereof or otherwise under this Agreement or any other Transaction Document, except as expressly provided for in this clause 3.10 and clauses 5.2.1 and 5.2.2. 3.10.2 debis and each of the other Obligors further hereby acknowledge and agree that, as at the Signing Date, the only Mismatch Lenders are those referred to in paragraph (a) of the definition thereof, that the Mismatch Commitments (if any) of those Mismatch Lenders have not yet been determined and that the Mismatch Commitments (if any) of those Mismatch Lenders will in any event be insufficient to enable a Mismatch Loan to be made available in respect of any Aircraft. 3.10.3 If debis wishes a Mismatch Loan to be made available for an Aircraft, debis shall: (a) identify one or more persons who are prepared to be or become Mismatch Lenders for that Aircraft so that the Mismatch Portions of all Mismatch Lenders for that Aircraft total one hundred per cent. (100%); and (b) if those persons are not already Lenders, procure that they accede to this Agreement pursuant to documentation acceptable to the Mismatch Agent and the ECA Agent (each acting reasonably) and, if they are already Lenders, procure that such documentation as the Mismatch Agent and the ECA Agent may require (each acting reasonably) is executed to effect their introduction as Mismatch Lenders; and (c) subject to the conclusion of the steps referred to in paragraphs (a) and (b) above, send a written notice (a “Request Notice”) to each Mismatch Lender no later than three (3) 1.1. Each Request Notice shall contain, to the extent that the same is then available, the same information as is required (pursuant to the terms of clause 5.1.1) to be included in a Mismatch Utilisation Notice. 3.10.4 Following the issue by debis of a Request Notice for an Aircraft, if all of the Mismatch Lenders for that Aircraft notify debis in writing that they are committed to provide a Mismatch Loan for that Aircraft (a “Confirmation Notice”), then, upon the issue of the Confirmation Notice, those Mismatch Lenders shall (subject to the terms and conditions of this Agreement) be committed to provide a Mismatch Loan for that Aircraft, and (s...