Common use of Amendment and Restatement of Certain Documents Clause in Contracts

Amendment and Restatement of Certain Documents. Upon any transfer by the Initial Owner Participant of its Beneficial Interest on the Delivery Date (as contemplated by Section 3.02(a) hereof (or, if earlier, the Transfer Date), the parties hereto shall enter into amendments and restatements of the Trust Agreement, the Lease, the Indenture and this Agreement, which amendments and restatements shall reflect such changes as shall have been requested by the Owner Participant, agreed to by the Lessee and, if modified in any material respect, as to which Rating Agency Confirmation shall have been obtained from each Rating Agency by the Lessee (to be delivered by the Lessee to the Pass Through Trustee on or before the Delivery Date or the Transfer Date, as the case may be); provided, however, that in any event such amended and restated documents shall not vary the Mandatory Economic Terms and shall contain the Mandatory Document Terms. The Lessee agrees to furnish to each Liquidity Provider and to Milbank, Tweed, Xxxxxx & XxXxxx (the initial Liquidity Provider's special New York counsel) at its New York office, attention: Xxxx X. Fine, as soon as practicable but in no event less than 7 Business Days prior to the estimated Delivery Date (or, if earlier, the estimated Transfer Date), true and complete copies of drafts of any such amended and restated Participation Agreement, amended and restated Lease Agreement and amended and restated Indenture. The Lessee further agrees to furnish to each Liquidity Provider and to the counsel identified in the preceding sentence (i) each and every subsequent draft of such documents and (ii) promptly following the execution thereof, true and complete copies of such documents.

Appears in 2 contracts

Samples: Participation Agreement (Federal Express Corp), Participation Agreement (Federal Express Corp)

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Amendment and Restatement of Certain Documents. Upon any transfer by the Initial initial Owner Participant of its Beneficial Interest on the Delivery Date (as contemplated by Section 3.02(a) hereof (or, if earlier, the Transfer Date), the parties hereto shall enter into amendments and restatements of the Trust Agreement, the Lease, the Indenture and this Agreement, which amendments and restatements shall reflect such changes as shall have been requested by the Owner Participant, agreed to by the Lessee and, if modified in any material respect, as to which Rating Agency Confirmation shall have been obtained from each Rating Agency by the Lessee (to be delivered by the Lessee to the Pass Through Trustee on or before the Delivery Date or the Transfer Date, as the case may be); provided, however, that in any event such amended and restated documents shall not vary the Mandatory Economic Terms and shall contain the Mandatory Document Terms. The Lessee agrees to furnish to each Liquidity Provider and to Milbank, Tweed, Xxxxxx & XxXxxx Coudert Brothers (the initial Liquidity Provider's special New York counsel) at its New York office, attention: Xxxx X. FineXxxxx Xxxxxxx, as soon as practicable but in no event less than 7 Business Days prior to the estimated Delivery Date (or, if earlier, the estimated Transfer Date), true and complete copies of drafts of any such amended and restated Participation Agreement, amended and restated Lease Agreement and amended and restated Indenture. The Lessee further agrees to furnish to each Liquidity Provider and to the counsel identified in the preceding sentence (i) each and every subsequent draft of such documents and (ii) promptly following the execution thereof, true and complete copies of such documents.

Appears in 1 contract

Samples: Participation Agreement (Atlantic Coast Airlines Inc)

Amendment and Restatement of Certain Documents. Upon any transfer by the Initial Owner Participant of its Beneficial Interest on the Delivery Date (as contemplated by Section 3.02(a) hereof (or, if earlier, the Transfer Datehereof), the parties hereto shall enter into amendments and restatements of the Trust Agreement, the Lease, Lease and the Indenture and this AgreementIndenture, which amendments and restatements shall reflect such changes as shall have been requested by the Owner Participant, agreed to by the Lessee and, if modified in any material respect, as to which Rating Agency Confirmation shall have been obtained from each Rating Agency by the Lessee (to be delivered by the Lessee to the Pass Through Trustee on or before the Delivery Date or the Transfer Date, as the case may be); provided, however, that in any event such amended and restated documents shall not vary the Mandatory Economic Terms and shall contain the Mandatory Document Terms. The Lessee agrees to furnish to each Liquidity Provider and to Milbank, Tweed, Xxxxxx Hadley & XxXxxx McCloy (the initial Liquidity Provider's special New York counselcoxxxxx) at its New xxx Xew York office, attention: Xxxx X. Drew S. Fine, as soon as practicable but in no event less than 7 Business Days Busixxxx Xxys prior to the estimated Delivery Date (or, if earlier, the estimated Transfer Date), true and complete copies of this Agreement and drafts of any such amended and restated Participation Agreement, amended and restated Lease Agreement and amended and restated Indenture. The Lessee further agrees to furnish to each Liquidity Provider and to the counsel identified in the preceding sentence (i) each and every subsequent draft of such documents and (ii) promptly following the execution thereof, true and complete copies of such documents.

Appears in 1 contract

Samples: Participation Agreement (Federal Express Corp)

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Amendment and Restatement of Certain Documents. Upon any transfer by the Initial Owner Participant of its Beneficial Interest on the Delivery Date (as contemplated by Section 3.02(a) hereof (or, if earlier, the Transfer Datehereof), the parties hereto shall enter into amendments and restatements of the Trust Agreement, the Lease, Lease and the Indenture and this AgreementIndenture, which amendments and restatements shall reflect such changes as shall have been requested by the Owner Participant, agreed to by the Lessee and, if modified in any material respect, as to which Rating Agency Confirmation shall have been obtained from each Rating Agency by the Lessee (to be delivered by the Lessee to the Pass Through Trustee on or before the Delivery Date or the Transfer Date, as the case may be); provided, however, that in any event such amended and restated documents shall not vary the Mandatory Economic Terms and shall contain the Mandatory Document Terms. The Lessee agrees to furnish to each Liquidity Provider and to Milbank, Tweed, Xxxxxx & XxXxxx (the initial Liquidity Provider's special New York counsel) at its New York office, attention: Xxxx X. Fine, as soon as practicable but in no event less than 7 Business Days prior to the estimated Delivery Date (or, if earlier, the estimated Transfer Date), true and complete copies of this Agreement and drafts of any such amended and restated Participation Agreement, amended and restated Lease Agreement and amended and restated Indenture. The Lessee further agrees to furnish to each Liquidity Provider and to the counsel identified in the preceding sentence (i) each and every subsequent draft of such documents and (ii) promptly following the execution thereof, true and complete copies of such documents.

Appears in 1 contract

Samples: Participation Agreement (Federal Express Corp)

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