Payments to the Lessee. (i) If any Tax Indemnitee actually shall realize a net Tax benefit with respect to a Tax not indemnifiable hereunder as a result of any Taxes paid or indemnified against by the Lessee under this Section 7.1 (whether by way of deduction, credit, allocation or apportionment or otherwise), which benefit was not previously taken into account in determining the amount of the Lessee's payment to such Tax Indemnitee, such Tax Indemnitee shall pay to the Lessee an amount, on an After-Tax Basis, equal to the amount of such net Tax benefit attributable to the payment being made to the Lessee hereunder; provided, however, that if, and so long as, a Lease Event of Default shall have occurred and be continuing, and, in the case of a Lender Indemnitee, any payment then due to such Lender Indemnitee under the Operative Agreements has not been paid, the Tax Indemnitee may hold such amount for the benefit of the Lessee and shall pay such amount to the Lessee promptly following the date on which the Lease Event of Default is no longer continuing and, in the case of a Lender Indemnitee, such payment to such Lender Indemnitee has been made; provided further, however, that no Tax Indemnitee shall be required to pay to the Lessee any Tax benefit to the extent such benefit (determined without regard to the reverse gross-up amount) exceeds the indemnity received by such Tax Indemnitee (determined without regard to the gross- up amount), with such excess to be carried over and applied against any future obligation of the Lessee to indemnify such Tax Indemnitee under the Operative Agreements. In the case of a Lender Indemnitee, such Lender Indemnitee may determine in its sole discretion whether to claim a Tax credit as distinguished from a Tax deduction for any Tax and such treatment shall be applied for purposes of determining the amount of such Tax benefit. If such Tax benefit is thereafter lost, the additional Tax payable shall be treated as a Tax indemnifiable hereunder without regard to the exclusions set forth in Section 7.1(c) except if, and to the extent, such loss results solely from such Tax Indemnitee's gross negligence or willful misconduct.
Payments to the Lessee. Notwithstanding any other provision of any Operative Agreement to the contrary, if Lessee shall have given to Owner Trustee written notice that an amount is due to Lessee and unpaid under the Indemnity Agreement, all amounts that would otherwise be paid to Owner Participant under this Agreement shall instead be paid to Lessee until such amount owed to Lessee shall have been paid in full, PROVIDED that Lessee shall not be entitled to payment of a Primary Amount (as defined in the Indemnity Agreement) under this Section 4.2.5 if at the time Lessee gives such notice to Owner Trustee the Owner Participant is not the Airframe Manufacturer or an Affiliate of Airframe Manufacturer.
Payments to the Lessee. Any amount referred to in this Section 9 which is payable or creditable to the Lessee shall not be paid or credited to the Lessee or, if it has been previously paid to the Lessee, shall not be retained by the Lessee, if at the time of such payment or credit a Default or a Lease Event of Default shall have occurred and be continuing, but shall be paid to and held by the Loan Trustee as security for the obligations of the Lessee under this Lease and the Financing Agreements and at such time as there shall not be continuing any Default or Lease Event of Default such amount (together with interest thereon, if any), if then remaining, shall be paid to the Lessee.
