Common use of Payments from Available Funds Only Clause in Contracts

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the amounts on deposit in Accounts and the other Collateral as defined in the Indenture and described in the Security Trust Agreement and only to the extent that such Accounts and Collateral shall have sufficient income or proceeds therefrom to enable the Administrative Agent to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Indenture. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture and this Agreement and that the Borrower and the Administrative Agent, in their respective individual capacities, are not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture or the Security Trust Agreement. Amounts on deposit in the Liquidity Facility Reserve Account shall be available to the Administrative Agent to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f) of the Indenture. Amounts on deposit in the Liquidity Facility Reserve Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) of the definition of Termination Date) until all amounts owed to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Account.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the Stated Portion of amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under Section 8.1 or 9.1, as the case may be, of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve West LB Sub-Account of the Class A Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Class A Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under the CNAI Fee Letter, Section 9.1 of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments and other applicable provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve CNAI Sub-Account of the Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the Stated Portion of amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under Section 8.1 or 9.1, as the case may be, of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve ABN AMRO Sub-Account of the Class A Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Class A Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the Stated Portion of amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under Section 8.1 or 9.1, as the case may be, of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve West LB Sub-Account of the Class B Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Class B Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the Stated Portion of amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under Section 8.1 or 9.1, as the case may be, of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve ABN AMRO Sub-Account of the Class C Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Class C Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the Stated Portion of amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under Section 8.1 or 9.1, as the case may be, of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve ABN AMRO Sub-Account of the Class B Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Class B Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the amounts on deposit in Accounts and the other Collateral as defined property described in the Trust Indenture and described in the Security Trust Agreement and only to the extent that such Accounts and Collateral such other property shall have sufficient income or proceeds therefrom to enable the Administrative Agent Cash Manager to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Trust Indenture. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts and property to the extent available for distribution to it as provided in the Trust Indenture and this Agreement and that the Borrower and the Administrative AgentCash Manager, in their respective individual capacities, are not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture or the Security Trust Agreement. Amounts on deposit in the Liquidity Facility Reserve Account and the Budgeted Cash Reserve Account shall be available to the Administrative Agent Cash Manager to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f) of the Trust Indenture. Amounts on deposit in the Liquidity Facility Reserve Account constituting Provider Advances, Advances shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) of the definition of Termination Date) until all amounts owed to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent Cash Manager into the Collections Account. Amounts on deposit in the Budgeted Cash Reserve Account constituting Unapplied Provider Advances shall be promptly returned to the Liquidity Facility Provider following the Budgeted Cash Termination Date until all amounts owed to the Liquidity Facility Provider hereunder have been paid in full and the balance thereof shall be deposited by the Cash Manager into the Collections Account. In the event that the assets of the Issuer and its Subsidiaries are insufficient, after payment of all other claims, if any, ranking in priority to the claims of the Liquidity Facility Provider hereunder, to pay in full such claims of the Liquidity Facility Provider, then the Liquidity Facility Provider shall have no further claim against the Issuer and its Subsidiaries in respect of any such unpaid amounts.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the Stated Portion of amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under Section 8.1 or 9.1, as the case may be, of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve West LB Sub-Account of the Class C Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Class C Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the amounts on deposit in Accounts and the other Collateral as defined in the Indenture and described in the Security Trust Agreement and only to the extent that such Accounts and Collateral shall have sufficient income or proceeds therefrom to enable the Administrative Agent to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments provisions set forth in the Indenture. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture and this Agreement and that the Borrower and the Administrative Agent, in their respective individual capacities, are not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture or the Security Trust Agreement. Amounts on deposit in the Liquidity Facility Reserve Account shall be available to the Administrative Agent to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f) of the Indenture. Amounts on deposit in the Liquidity Facility Reserve Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) of the definition of Termination Date) until all amounts owed to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Account. Section 2.10.

Payments from Available Funds Only. All payments to be made by the Borrower to the Initial Liquidity Facility Provider under this Agreement shall be made only from the amounts on deposit in Accounts that constitute Scheduled Payments, Special Payments or payments under the WestLB Fee Letter, Section 9.1 of the Participation Agreements and Section 6 of the other Collateral as defined in the Indenture and described in the Security Trust Note Purchase Agreement and only to the extent that such Accounts and Collateral the Borrower shall have sufficient income or proceeds therefrom to enable the Administrative Agent Borrower to make payments on behalf of the Borrower in accordance with the terms hereof after giving effect to the priority of payments and other applicable provisions set forth in the IndentureIntercreditor Agreement. The Initial Liquidity Facility Provider agrees that it will look solely to such amounts to the extent available for distribution to it as provided in the Indenture Intercreditor Agreement and this Agreement and that the Borrower and the Administrative AgentBorrower, in their respective its individual capacitiescapacity, are is not personally liable to it for any amounts payable or liability under this Agreement except as expressly provided in this Agreement, the Indenture Intercreditor Agreement or the Security Trust any Participation Agreement. Amounts on deposit in the Liquidity Facility Reserve WestLB Sub-Account of the Cash Collateral Account shall be available to the Administrative Agent Borrower to make payments under this Agreement only to the extent and for the purposes expressly contemplated in Section 3.14(f3.6(f) of the IndentureIntercreditor Agreement. Amounts on deposit in the Liquidity Facility Reserve other Sub-Account constituting Provider Advances, shall be promptly returned to the Initial Liquidity Facility Provider following the Termination Date (other than in the circumstances described in clauses (i), (iv) or (v) respect of the definition of Termination Date) until all amounts owed Certificates shall not be available to the Initial Liquidity Facility Provider hereunder have been paid in full, and the balance remaining in the Liquidity Facility Reserve Account shall be deposited by the Administrative Agent into the Collections Accountmake payments under this Agreement.