Common use of Extension of the Expiry Date; Non-Extension Advance Clause in Contracts

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d) of the Intercreditor Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Us Airways Inc), Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)

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Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Us Airways Inc), Revolving Credit Agreement (Northwest Airlines Corp), Revolving Credit Agreement (Northwest Airlines Holdings Corp/Pred)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d) of the Intercreditor Agreement.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Us Airways Inc), Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.05(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.02(b)(i) hereof and Section 3.5(d3.05(d) of the Intercreditor Agreement.

Appears in 3 contracts

Samples: Intercreditor Agreement (Delta Air Lines Inc /De/), Revolving Credit Agreement (Delta Air Lines Inc /De/), Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Northwest Airlines Holdings Corp/Pred), Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Northwest Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class A A-2 Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A A-2 Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made 364 day period immediately following such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then then-effective Expiry Date (such period, unless in either case the “Consent Period”obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider advises do not so agree to extend the Borrower on or before the date on which the Consent Period ends that such then-effective Expiry Date shall not be so extended, or fails prior to irrevocably such 25th day (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (American Airlines Inc), American Airlines Inc

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class A A-1 Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A A-1 Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made 364 day period immediately following such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then then-effective Expiry Date (such period, unless in either case the “Consent Period”obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider advises do not so agree to extend the Borrower on or before the date on which the Consent Period ends that such then-effective Expiry Date shall not be so extended, or fails prior to irrevocably such 25th day (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (American Airlines Inc), American Airlines Inc

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Northwest Airlines Holdings Corp/Pred), Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made 364 day period immediately following such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then then-effective Expiry Date (such period, unless in either case the “Consent Period”obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider advises do not so agree to extend the Borrower on or before the date on which the Consent Period ends that such then-effective Expiry Date shall not be so extended, or fails prior to irrevocably such 25th day (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (American Airlines Inc), American Airlines Inc

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall are earlier terminated in accordance with the terms hereof). The Liquidity Provider may advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, that it agrees to so extend the Expiry Date. If Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably extended in which event (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Us Airways Inc), Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A C-I Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Liquidity Provider and the Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates), by written agreement between the Borrower and the Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made 364 day period immediately following such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then then-effective Expiry Date (such period, unless in either case the “Consent Period”obligations of the Liquidity Provider are earlier terminated in accordance with the terms hereof), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Liquidity Provider advises do not so agree to extend the Borrower on or before the date on which the Consent Period ends that such then-effective Expiry Date shall not be so extended, or fails prior to irrevocably such 25th day (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.06(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (American Airlines Inc), Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A A-1 Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A A-1 Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s 's receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then effective Expiry Date (such period, the “Consent Period”"CONSENT PERIOD"), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/), Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for then effective Expiry Date(unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day then 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution Date for then effective Expiry Date(unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day then 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall are earlier terminated in accordance with the terms hereof). The Liquidity Provider may advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, that it agrees to so extend the Expiry Date. If Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably extended in which event (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A A-2 Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.. 16 12

Appears in 1 contract

Samples: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter defined). Whether or not the Borrower has made such request, the Liquidity Provider shall are earlier terminated in accordance with the terms hereof). The Liquidity Provider may advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”), whether, in its sole discretion, that it agrees to so extend the Expiry Date. If Date but in any event, without the necessity of any action on the part of the Liquidity Provider the Expiry Date shall automatically be so extended, unless the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably extended in which event (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A A-1 Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that which is 15 days after the Final Legal Distribution Date for the Class A C Certificates and (ii) the date day that is the day immediately preceding the 364th day occurring after the last day then effective Expiry Date (unless the obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally to advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amtran Inc)

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Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th 45th day and no later than the 40th 30th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A G Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that which is 15 days after the Final Legal Distribution Date for the Class A G Certificates and (ii) the date day that is the day immediately preceding the 364th day occurring after the last day then effective Expiry Date (unless the obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 30 days and no later than the 25th day 20 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 20th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to does not irrevocably and unconditionally advise the Borrower on or before the date on which 20th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), such Expiry Date shall not be extended and the Borrower shall be entitled on and after the date on which the Consent Period ends such 20th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day then 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(d) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Irrevocable Revolving Credit Agreement (Midway Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Non- Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Airways Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later 20 16 than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A C-II Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th 45th day and no later than the 40th 30th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that which is 15 days after the Final Legal Distribution Date for the Class A C Certificates and (ii) the date day that is the day immediately preceding the 364th day occurring after the last day then effective Expiry Date (unless the obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 30 days and no later than the 25th day 20 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 20th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to does not irrevocably and unconditionally advise the Borrower on or before the date on which 20th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), such Expiry Date shall not be extended and the Borrower shall be entitled on and after the date on which the Consent Period ends such 20th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior Each Expiry Date shall, subject to the then effective Expiry Date following provisions of this Section 2.10, be automatically extended without any further act to the earlier of (unless such Expiry Date is on or after i) the date that which is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Termination Period (as hereinafter defined). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise may, by a notice (a “Termination Notice”) to the Borrower no earlier than Borrower, given during the 40th day (or, if earlier, period commencing on the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day that is 60 days prior to the then effective Expiry Date then in effect and ending on the date that is 25 days prior to the Expiry Date then in effect for such Liquidity Facility (such period, with respect to such Liquidity Facility, the “Consent Termination Period”), whether, in its sole discretion, it agrees to so extend determine that the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall not be so extended, which determination may be made or fails to irrevocably withheld by the Liquidity Provider in its absolute and unconditionally advise sole discretion. If the Liquidity Provider so advises the Borrower on or before that the date on which the Consent Period ends that such applicable Expiry Date shall not be so extended (and, in each case, and if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Termination Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Northwest Airlines Corp)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A G Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier of (i) the date that which is 15 days after the Final Legal Distribution Date for the Class A G Certificates and (ii) the date day that is the day immediately preceding the 364th day occurring after the last day then effective Expiry Date (unless the obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally to advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b2.2(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amtran Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A C Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.. 16 12

Appears in 1 contract

Samples: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A B Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.. 16 12

Appears in 1 contract

Samples: Revolving Credit Agreement (America West Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Maturity Date for the Class A C-II Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.6(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.6(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Continental Airlines Inc /De/)

Extension of the Expiry Date; Non-Extension Advance. No At any time during the period no later than the 25th day and no earlier than the 60th day and no later than the 40th day prior to the then then-effective Expiry Date (unless such Date, the Borrower may provide notice to the Primary Liquidity Provider and the Primary Liquidity Provider may provide notice to the Borrower of the then-effective Expiry Date. If the Expiry Date is on or after prior to the date that is 15 days after the Final Legal Distribution Date for the Class A G Certificates), by written agreement between the Borrower and the Primary Liquidity Provider, entered into at any time prior to the 25th day prior to the then-effective Expiry Date, the Borrower shall request that the Liquidity Provider extend the then-effective Expiry Date may be extended, effective on such 25th day, to the earlier of (i) the date that is 15 days after the Final Legal Distribution Date for the Class A G Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day of the Consent Period (as hereinafter defined). Whether or not the Borrower has made 364 day period immediately following such request, the Liquidity Provider shall advise the Borrower no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) and no later than the 25th day prior to the then then-effective Expiry Date (such period, unless in either case the “Consent Period”obligations of the Primary Liquidity Provider are earlier terminated in accordance with the terms hereof), whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Borrower and the Primary Liquidity Provider advises do not so agree to extend the Borrower on or before the date on which the Consent Period ends that such then-effective Expiry Date shall not be so extended, or fails prior to irrevocably such 25th day (and unconditionally advise the Borrower on or before the date on which the Consent Period ends that such Expiry Date shall be so extended (and, in each case, if the Primary Liquidity Provider shall not have been replaced in accordance with Section 3.5(e3.06(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends such 25th day (but prior to the then effective such Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d3.06(d) of the Intercreditor Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Airlines Inc)

Extension of the Expiry Date; Non-Extension Advance. No earlier than the 60th day and no later than the 40th day prior to the then effective Expiry Date (unless such Expiry Date is on or after the date that is 15 days after the Final Legal Distribution Date for the Class A Certificates), the Borrower shall request that the Liquidity Provider extend the Expiry Date to the earlier for a period of (i) the date that is 15 364 days after the Final Legal Distribution then effective Expiry Date for (unless the Class A Certificates and (ii) the date that is the day immediately preceding the 364th day occurring after the last day obligations of the Consent Period (as hereinafter definedLiquidity Provider are earlier terminated in accordance with the terms hereof). Whether or not the Borrower has made such request, the The Liquidity Provider shall advise the Borrower Borrower, no earlier than the 40th day (or, if earlier, the date of the Liquidity Provider’s receipt of such request, if any, from the Borrower) 40 days and no later than the 25th day 25 days prior to the then effective Expiry Date (such period, the “Consent Period”)Date, whether, in its sole discretion, it agrees to so extend the Expiry Date. If the Liquidity Provider advises the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall not be so extended, or fails to irrevocably and unconditionally advise the Borrower on or before the date on which 25th day prior to the Consent Period ends Expiry Date then in effect that such Expiry Date shall be so extended (and, in each case, if the Liquidity Provider shall not have been replaced in accordance with Section 3.5(e) of the Intercreditor Agreement), the Borrower shall be entitled on and after the date on which the Consent Period ends (but prior to the then effective Expiry Date) to request a Non-Extension Advance in accordance with Section 2.02(b) hereof and Section 3.5(d) of the Intercreditor Agreement.with

Appears in 1 contract

Samples: Revolving Credit Agreement (Us Airways Inc)

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