Common use of Pursuant to Section 5 Clause in Contracts

Pursuant to Section 5. 5(d) of the Series 2013-A Supplement, an amount equal to the Issuing Bank’s Pro Rata Share of [the lesser of (i) the Preference Amount referred to above and (ii) the Series 2013-A Letter of Credit Amount as of the date hereof]2 [the excess of (i) lesser of (A) the Preference Amount referred to above and (B) the Series 2013-A Letter of Credit Amount as of the date hereof over (ii) the lesser of (x) the Series 2013-A L/C Cash Collateral Percentage as of the date hereof of the lesser of the amounts set forth in clauses (A) and (B) above and (y) the Series 2013-A Available L/C Cash Collateral Account Amount as of the date hereof (after giving effect to any withdrawals therefrom on such Payment Date pursuant to Section 5.5(a) and Section ______________________________ 1 If Trustee under the Series 2013-A Supplement is other than The Bank of New York Mellon Trust Company, N.A., the name of such other Trustee is to be inserted. 2 Use if no Series 2013-A L/C Cash Collateral Account has been established and funded as of such date.

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Hertz Corp), Assignment and Assumption Agreement (Hertz Corp)

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Pursuant to Section 5. 5(d) of the Series 20132014-A Supplement, an amount equal to the Issuing Bank’s Pro Rata Share of [the lesser of (i) the Preference Amount referred to above and (ii) the Series 20132014-A Letter of Credit Amount as of the date hereof]2 [the excess of (i) lesser of (A) the Preference Amount referred to above and (B) the Series 20132014-A Letter of Credit Amount as of the date hereof over (ii) the lesser of (x) the Series 20132014-A L/C Cash Collateral Percentage as of the date hereof of the lesser of the amounts set forth in the immediately preceding clauses (A) and (B) above and (y) the Series 20132014-A Available L/C Cash Collateral Account Amount as of the date hereof (after giving effect to any withdrawals therefrom on such Payment Date pursuant to Section 5.5(a) and Section ______________________________ 5.5(b) of the Series 2014-A Supplement)]3 has been allocated to making a drawing under the Series 2014-A Letter of Credit. 1 If Trustee under the Series 20132014-A Supplement is other than The Bank of New York Mellon Trust Company, N.A., the name of such other Trustee is to be inserted. 2 Use if no Series 20132014-A L/C Cash Collateral Account has been established and funded as of such date.. 3 Use if the Series 2014-A L/C Cash Collateral Account has been established and funded as of such date. US_ACTIVE:\44426225\2\52399.0032 WEIL:\95132206\4\52399.0032

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Hertz Corp)

Pursuant to Section 5. 5(d) of the Series 2013-A B Supplement, an amount equal to the Issuing Bank’s Pro Rata Share of [the lesser of (i) the Preference Amount referred to above and (ii) the Series 2013-A B Letter of Credit Amount as of the date hereof]2 [the excess of (i) lesser of (A) the Preference Amount referred to above and (B) the Series 2013-A B Letter of Credit Amount as of the date hereof over (ii) the lesser of (x) the Series 2013-A LX X/C Cash Collateral Percentage as of the date hereof of the lesser of the amounts set forth in the immediately preceding clauses (A) and (B) above and (y) the Series 2013-A B Available L/C Cash Collateral Account Amount as of the date hereof (after giving effect to any withdrawals therefrom on such Payment Date pursuant to Section 5.5(a) and Section ______________________________ 5.5(b) of the Series 2013-B Supplement)]3 has been allocated to making a drawing under the Series 2013-B Letter of Credit. 1 If Trustee under the Series 2013-A B Supplement is other than The Bank of New York Mellon Trust Company, N.A., the name of such other Trustee is to be inserted. 2 Use if no Series 2013-A LX X/C Cash Collateral Account has been established and funded as of such date.. 3 Use if the Series 2013-X X/C Cash Collateral Account has been established and funded as of such date. WEIL:\95332139\2\52399.0016

Appears in 1 contract

Samples: Master Collateral Agency Agreement (Hertz Corp)

Pursuant to Section 5. 5(d) of the Series 2013-A Supplement, an amount equal to the Issuing Bank’s Pro Rata Share of [the lesser of (i) the Preference Amount referred to above and (ii) the Series 2013-A Letter of Credit Amount as of the date hereof]2 [the excess of (i) lesser of (A) the Preference Amount referred to above and (B) the Series 2013-A Letter of Credit Amount as of the date hereof over (ii) the lesser of (x) the Series 2013-A L/C Cash Collateral Percentage as of the date hereof of the lesser of the amounts set forth in the immediately preceding clauses (A) and (B) above and (y) the Series 2013-A Available L/C Cash Collateral Account Amount as of the date hereof (after giving effect to any withdrawals therefrom on such Payment Date pursuant to Section 5.5(a) and Section ______________________________ 1 If Trustee under the Series 2013-A Supplement is other than The Bank of New York Mellon Trust Company, N.A., the name of such other Trustee is to be inserted. 2 Use if no Series 2013-A L/C Cash Collateral Account has been established and funded as of such date.. WEIL:\96021878\3\52399.0016

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Hertz Corp)

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Pursuant to Section 5. 5(d) of the Series 2013-A Supplement, an amount equal to the Issuing Bank’s Pro Rata Share of [the lesser of (i) the Preference Amount referred to above and (ii) the Series 2013-A Letter of Credit Amount as of the date hereof]2 [the excess of (i) lesser of (A) the Preference Amount referred to above and (B) the Series 2013-A Letter of Credit Amount as of the date hereof over (ii) the lesser of (x) the Series 2013-A L/C Cash Collateral Percentage as of the date hereof of the lesser of the amounts set forth in the immediately preceding clauses (A) and (B) above and (y) the Series 2013-A Available L/C Cash Collateral Account Amount as of the date hereof (after giving effect to any withdrawals therefrom on such Payment Date pursuant to Section 5.5(a) and Section ______________________________ 5.5(b) of the Series 2013-A Supplement)]3 has been allocated to making a drawing under the Series 2013-A Letter of Credit. 1 If Trustee under the Series 2013-A Supplement is other than The Bank of New York Mellon Trust Company, N.A., the name of such other Trustee is to be inserted. 2 Use if no Series 2013-A L/C Cash Collateral Account has been established and funded as of such date.

Appears in 1 contract

Samples: Vehicle Title Nominee Agreement (Hertz Corp)

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