Payments from Indenture Estate Only Sample Clauses

Payments from Indenture Estate Only. No Personal Liability of the Owner Lessor, the Owner Participant or the Indenture Trustee.......................................................... 13 Section 2.6.
Sample 1Sample 2Sample 3See All (15)
AutoNDA by SimpleDocs
Payments from Indenture Estate Only. All payments to be ----------------------------------- made by the Owner Trustee under this Indenture shall be made only from the income and the proceeds from the Lessor's Estate to the extent included in the Indenture Estate and from any other amounts of the type described in Section 8.03 hereof (but only to the extent actually received by the Indenture Trustee) and only to the extent that the Owner Trustee shall have sufficient income or proceeds from the Lessor's Estate to the extent included in the Indenture Estate (and such other amounts) to enable the Indenture Trustee to make distributions of the amounts due in respect of the Equipment Notes in accordance with the terms hereof and thereof. Each Holder by its acceptance of an Equipment Note, and the Indenture Trustee, as applicable, agrees that it will look solely to the income and proceeds from the Indenture Estate (and such other amounts of the type described in Section 8.03 hereof but only to the extent actually received by the Indenture Trustee) to the extent available for distribution to it as provided herein and that none of the Owner Participant, the Owner Trustee, Trust Company or the Indenture Trustee is personally liable to such Holder or the Indenture Trustee for any amounts payable under this Indenture or such Equipment Note or for any amounts payable or liability under any Equipment Note or this Indenture, except as expressly provided herein in the case of Trust Company, the Owner Trustee or the Indenture Trustee. Trust Company is not personally liable to any Holder, the Lessee or the Indenture Trustee for any amounts payable under this Indenture or for any liability under this Indenture or the Equipment Notes, except as a result of Trust Company's gross negligence or willful misconduct (or simple negligence in the handling of funds), or as otherwise expressly provided herein or in the Participation Agreement.
Sample 1
Payments from Indenture Estate Only. Except as otherwise ----------------------------------- expressly provided in the next succeeding sentence of this Section 2.03, all payments to be made by the Owner Trustee under this Indenture shall be made only from the income and the proceeds from the Indenture Estate and only to the extent that the Owner Trustee shall have sufficient income or proceeds from the Indenture Estate to enable the Owner Trustee to make payments in accordance with the terms hereof. Each Noteholder, by its acceptance of an Equipment Note, and the Indenture Trustee, each agrees that it will look solely to the income and proceeds from the Indenture Estate to the extent available for distribution to it as above provided and that none of the Owner Participant, the Trust Company or the Indenture Trustee is personally liable to it for any amounts payable or any liability under this Indenture or such Equipment Note or for any amounts payable or liability under any Equipment Note or this Indenture, except, in the case of the Trust Company and the Indenture Trustee, as expressly provided herein or in the Participation Agreement; provided, however, that nothing contained in this Section 2.03 shall be construed to limit the exercise and enforcement in accordance with the terms of this Indenture or any other Operative Agreement or such other agreements of rights and remedies against the Indenture Estate or any such other Person as to their respective obligations to the Noteholders thereunder.
Sample 1
Payments from Indenture Estate Only. (a) Without impairing any of the other rights, powers, remedies, privileges, liens or security interests of Noteholders under this Indenture, each Noteholder, by its acceptance of an Equipment Note, agrees that as between it and Owner Trustee, except as expressly provided in this Indenture, the Participation Agreement or any other Operative Document, (i) the obligation to make all payments of the principal amount of, interest on, Make-Whole Amount, if any, and all other amounts due with respect to the Equipment Notes, and the performance by Owner Trustee of every obligation or covenant contained in this Indenture and in the Participation Agreement or any of the other Operative Documents, shall be payable only from the income and proceeds from the Trust Estate to the extent included in the Indenture Estate and only to the extent that Owner Trustee shall have sufficient income or proceeds from the Trust Estate to the extent included in the Indenture Estate to enable Loan Trustee to make such payments in accordance with the terms of Article III hereof, and all of the statements, representations, covenants and agreements made by Owner Trustee (when made in such capacity) contained in this Indenture and any agreement referred to herein other than the Trust Agreement, unless expressly otherwise stated, are made and intended only for the purpose of binding the Trust Estate (to the extent included in the Indenture Estate) and establishing the existence of rights and remedies which can be exercised and enforced against the Trust Estate (to the extent included in the Indenture Estate); therefore, anything contained in this Indenture or such other agreements to the contrary notwithstanding (except for any express provisions or representations that Owner Trustee is responsible for, or is making, in its individual capacity, for which there would be personal liability of Owner Trustee), no recourse shall be had with respect to this Indenture or such other agreements against Owner Trustee in its individual capacity or against any institution or person which becomes a successor trustee or co-trustee or any officer, director, trustee, servant or direct or indirect parent or controlling Person or Persons of any of them, and (ii) none of Owner Trustee, in its individual capacity, Owner Participant, Loan Trustee and any officer, director, trustee, servant, employee, agent or direct or indirect parent or controlling Person or Persons of any of them shall have any personal liab...
Sample 1
Payments from Indenture Estate Only. No Personal Liability of the Lessor, the Owner Participant or the Indenture Trustee 10 Section 2.6. Method of Payment 11 Section 2.7. Application of Payments 12 Section 2.8. Registration, Transfer and Exchange of Notes 12 Section 2.9. Mutilated, Destroyed, Lost or Stolen Notes 13 Section 2.10. Redemptions 13 Section 2.11. Payment of Expenses on Transfer 15 Section 2.12. Additional Notes 15 Section 2.13. Restrictions of Transfer Resulting from Federal Securities Laws; Legend 17 Section 2.14. Security for and Parity of Notes 17 Section 2.15. Acceptance of the Indenture Trustee 17 ARTICLE III RECEIPT, DISTRIBUTION AND APPLICATION OF INCOME FROM INDENTURE ESTATE 17 Section 3.1. Distribution of Periodic Rent 17 Section 3.2. Payments Following Event of Loss or Other Early Termination 19 Section 3.3. Payments After Indenture Event of Default 20 Section 3.4. Investment of Certain Payments Held by the Indenture Trustee 20 Section 3.5. Application of Certain Other Payments 21 Section 3.6. Other Payments 21 Section 3.7. Excepted Payments 21 Section 3.8. Distributions to the Lessor 22 Section 3.9. Payments Under Assigned Documents 22 Section 3.10. Disbursement of Amounts Received by the Indenture Trustee 22 Section 3.11. Establishment of the Indenture Trustee’s Account; and Lien and Security Interest; Etc 22
Sample 1
Payments from Indenture Estate Only. All payments of principal, Make-Whole Amount, if any, and interest to be made by the Grantor Trustee and, except as otherwise provided in the Operative Documents, all payments of any other amounts payable by or on behalf of the Grantor Trustee under the Secured Notes and this Indenture, shall be made only from the income and proceeds from the Indenture Estate, and only to the extent that the Indenture Trustee shall have received sufficient income or proceeds from the Indenture Estate to make such payments in accordance with the terms hereof. Each Holder, by its acceptance of a Secured Note, agrees that it will look solely to the income and proceeds from the Indenture Estate to the extent available for payment as herein provided and that (a) none of the Grantor Trustee or the Indenture Trustee (whether in its individual or trust capacity) shall be personally liable to such Holder for any amounts payable under the Secured Notes, nor, except as specifically provided herein or in the other Operative Documents, for any amounts payable or any liability under this Indenture and (b) the Owner Participant shall not be liable to the Indenture Trustee or to any Holder under any circumstances for any reason whatsoever except to the extent expressly provided herein or in any other Operative Document.
Sample 1

Related to Payments from Indenture Estate Only

  • PAYMENTS UNDER INDENTURE Any amount payable hereunder to any Holder of Preferred Securities shall be reduced by the amount of any corresponding payment such Holder has directly received under the Indenture pursuant to Section 514(b) or (c) hereof.

  • Payments Generally; Allocations of Proceeds; Pro Rata Treatment; Sharing of Set-offs (a) The Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to (i) in the case of payments denominated in Dollars, 12:00 noon, New York City time and (ii) in the case of payments denominated in a Foreign Currency, 12:00 noon, Local Time, in the city of the Administrative Agent’s Eurocurrency Payment Office for such currency, in each case on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made (i) in the same currency in which the applicable Credit Event was made (or where such currency has been converted to euro, in euro) and (ii) to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx, Xxxxxxxx 00000 or, in the case of a Credit Event denominated in a Foreign Currency, the Administrative Agent’s Eurocurrency Payment Office for such currency, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments denominated in the same currency received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. Notwithstanding the foregoing provisions of this Section, if, after the making of any Credit Event in any Foreign Currency, currency control or exchange regulations are imposed in the country which issues such currency with the result that the type of currency in which the Credit Event was made (the “Original Currency”) no longer exists or the Borrower is not able to make payment to the Administrative Agent for the account of the Lenders in such Original Currency, then all payments to be made by the Borrower hereunder in such currency shall instead be made when due in Dollars in an amount equal to the Dollar Amount (as of the date of repayment) of such payment due, it being the intention of the parties hereto that the Borrower takes all risks of the imposition of any such currency control or exchange regulations.

  • Payments Generally; Allocation of Proceeds; Sharing of Payments (a) Unless otherwise specified, the Lead Borrower shall make each payment required to be made by it hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to the time expressed hereunder or under such Loan Document (or, if no time is expressly required, by 2:00 p.m.) on the date when due or, with respect to any borrowings and payments in any Alternative Currency, by the Applicable Time, in immediately available funds, without set-off (except as otherwise provided in Section 2.17) or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent to the applicable account designated to the Lead Borrower by the Administrative Agent, except payments to be made directly to the applicable Issuing Bank as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16 or 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. Each Lender agrees that in computing such Lender’s portion of any Borrowing to be made hereunder, the Administrative Agent may, in its discretion, round such Lender’s percentage of such Borrowing to the next higher or lower whole dollar amount. Except as otherwise expressly provided herein and except with respect to principal of and interest on Loans denominated in an Alternative Currency, all payments (including accrued interest) hereunder shall be made in U.S. Dollars. Except to the extent expressly provided for herein, all payments with respect to principal of and interest on Loans in an applicable Alternative Currency shall be made in the applicable Alternative Currency. Any payment required to be made by the Administrative Agent hereunder shall be deemed to have been made by the time required if the Administrative Agent shall, at or before such time, have taken the necessary steps to make such payment in accordance with the regulations or operating procedures of the clearing or settlement system used by the Administrative Agent to make such payment.

  • Indenture; Limitations The Company issued the Notes under an Indenture dated as of July 26, 2000 (the "Indenture"), between the Company and The Bank of New York, trustee (the "Trustee"). Capitalized terms herein are used as defined in the Indenture unless otherwise indicated. The terms of the Notes include those stated in the Indenture and those made part of the Indenture by reference to the Trust Indenture Act. The Notes are subject to all such terms, and Holders are referred to the Indenture and the Trust Indenture Act for a statement of all such terms. To the extent permitted by applicable law, in the event of any inconsistency between the terms of this Note and the terms of the Indenture, the terms of the Indenture shall control. The Notes are general unsecured obligations of the Company. The Company may, subject to Article Four of the Indenture and applicable law, issue additional Notes under the Indenture.

  • Payments under Indenture or Pursuant to Direct Actions Any amount payable hereunder to any Holder of Preferred Securities shall be reduced by the amount of any corresponding payment such Holder (or any Owner with respect thereto) has directly received pursuant to Section 5.8 of the Indenture or Section 6.10(b) of this Trust Agreement.

  • Payments Generally; Allocation of Proceeds; Sharing of Set-offs (a) The Borrowers shall make each payment required to be made by them hereunder (whether of principal, interest, fees or reimbursement of LC Disbursements, or of amounts payable under Section 2.15, 2.16 or 2.17, or otherwise) prior to 2:00 p.m., Chicago time, on the date when due, in immediately available funds, without set-off or counterclaim. Any amounts received after such time on any date may, in the discretion of the Administrative Agent, be deemed to have been received on the next succeeding Business Day for purposes of calculating interest thereon. All such payments shall be made to the Administrative Agent at its offices at 00 Xxxxx Xxxxxxxx Xxxxxx, 00xx Xxxxx, Xxxxxxx, Xxxxxxxx, except payments to be made directly to the Issuing Bank or Swingline Lender as expressly provided herein and except that payments pursuant to Sections 2.15, 2.16, 2.17 and 9.03 shall be made directly to the Persons entitled thereto. The Administrative Agent shall distribute any such payments received by it for the account of any other Person to the appropriate recipient promptly following receipt thereof. If any payment hereunder shall be due on a day that is not a Business Day, the date for payment shall be extended to the next succeeding Business Day, and, in the case of any payment accruing interest, interest thereon shall be payable for the period of such extension. All payments hereunder shall be made in dollars.

  • Investment of Amounts in Special Payments Account Any amounts on deposit in the Special Payments Account prior to the distribution thereof pursuant to Section 2.4(b) or (c) shall be invested in accordance with Section 2.2(b). Investment Earnings on such investments shall be distributed in accordance with Section 2.4(b) or (c), as the case may be.

  • CREDITING PAYMENTS; APPLICATION OF COLLECTIONS The receipt of any Collections by Foothill (whether from transfers to Foothill by the Concentration Account or otherwise) immediately shall be applied provisionally to reduce the Obligations outstanding under SECTION 2.1, but shall not be considered a payment on account unless such Collection item is a wire transfer of immediately available federal funds and is made to the Foothill Account or unless and until such Collection item is honored when presented for payment. From and after the Closing Date, Foothill shall be entitled to charge Borrower for 2 Business Days of `clearance' or `float' at the rate set forth in SECTION 2.6(a) or SECTION 2.6(c), as applicable, on all Collections that are received by Foothill (regardless of whether forwarded by the Concentration Account Bank to Foothill, whether provisionally applied to reduce the Obligations under SECTION 2.1, or otherwise). This across-the-board 2 Business Day clearance or float charge on all Collections is acknowledged by the parties to constitute an integral aspect of the pricing of Foothill's financing of Borrower, and shall apply irrespective of the characterization of whether receipts are owned by an Obligor or Foothill, and whether or not there are any outstanding Advances, the effect of such clearance or float charge being the equivalent of charging 2 Business Days of interest on such Collections. Should any Collection item not be honored when presented for payment, then Borrower shall be deemed not to have made such payment, and interest shall be recalculated accordingly. Anything to the contrary contained herein notwithstanding, any Collection item shall be deemed received by Foothill only if it is received into the Foothill Account on a Business Day on or before 11:00 a.m.

  • Base Indenture The Base Indenture has been duly authorized, executed and delivered by the Company and, assuming due authorization, execution and delivery by the Trustee, constitutes a valid and legally binding agreement of the Company, enforceable against the Company in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, concurso mercantil, or similar laws affecting the enforcement of creditors’ rights generally or by equitable principles relating to enforceability (collectively, the “Enforceability Exceptions”); and the Base Indenture has been duly qualified under the Trust Indenture Act.

Time is Money Join Law Insider Premium to draft better contracts faster.