Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows: (a) The paragraph beginning with “The indebtedness evidenced by this Equipment Note” is deleted in its entirety and replaced with the following: “The indebtedness evidenced by this Equipment Note is [,]8 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 [Series AA Equipment Notes and Series A Equipment Notes]10 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11, and certain other Secured Obligations, and (ii)]12 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or appropriate to effectuate the subordination as provided in this Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 To be inserted in the case of a Series AA Equipment Note. 9 To be inserted in the case of a Series A Equipment Note. 10 To be inserted in the case of a Series B Equipment Note. 11 To be inserted in the case of an Additional Series Equipment Note 12 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note or an Additional Series Equipment Note.
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Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows:
(a) The paragraph beginning with “The indebtedness evidenced by this Equipment Note” is deleted in its entirety and replaced with the following: “The indebtedness evidenced by this Equipment Note is [,]8 is[,]9 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 [Series Notes]10[Series AA Equipment Notes and Series A Equipment Notes]10 Notes]11 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11Notes]12, and certain other Secured Obligations, and (ii)]12 ii)]13 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or appropriate to effectuate the subordination as provided in this Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 9 To be inserted in the case of a Series AA Equipment Note. 9 10 To be inserted in the case of a Series A Equipment Note. 10 11 To be inserted in the case of a Series B Equipment Note. 11 12 To be inserted in the case of an Additional Series Equipment Note 12 13 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note or an Additional Series Equipment Note.
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Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows:
(a) The twelfth paragraph beginning with “The indebtedness evidenced by this of the form of Equipment Note” Notes is deleted in its entirety and replaced with the following: following (including the footnotes): “The indebtedness evidenced by this Equipment Note is [,]8 is[,]1 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 Notes]2 [Series AA Equipment Notes and Series A Equipment Notes]10 Notes]3 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11Notes]4 [Series AA Equipment Notes, Series A Equipment Notes, Series B Equipment Notes and Series C Equipment Notes]5 [Series AA Equipment Notes, Series A Equipment Notes, Series B Equipment Notes, Series C Equipment Notes and [ ]6]7, and certain other Secured Obligations, and (ii)]12 ii)]8 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or appropriate to effectuate the subordination as provided in this the Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 . 1 To be inserted in the case of a Series AA Equipment Note. 9 2 To be inserted in the case of a Series A Equipment Note. 10 3 To be inserted in the case of a Series B Equipment Note. 11 4 To be inserted in the case of an a Series C Equipment Note. 5 To be inserted in the case of the Series of Additional Series Equipment Note 12 Notes ranked most senior in priority of payment among all Series of Additional Series Equipment Notes. 6 To insert each Series of Additional Series Equipment Notes that rank senior in priority of payment to the Series of Additional Series Equipment Notes being issued. 7 To be inserted in the case of each Series of Additional Series Equipment Notes other than the Series of Additional Series Equipment Notes ranked most senior in priority of payment among all Series of Additional Series Equipment Notes. 8 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note, a Series C Equipment Note or an Additional Series Equipment Note.”
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Samples: Indenture and Security Agreement (Spirit Airlines, Inc.)
Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows:
(a) The paragraph beginning with “The indebtedness evidenced by this Equipment Note” is deleted in its entirety and replaced with the following: “The indebtedness evidenced by this Equipment Note is [,]8 is[,]9 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 [Series Notes]10[Series AA Equipment Notes and Series A Equipment Notes]10 Notes]11 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11Notes]12, and certain other Secured Obligations, and (ii)]12 ii)]13 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or 9 To be inserted in the case of a Series AA Equipment Note. 10 To be inserted in the case of a Series A Equipment Note. 11 To be inserted in the case of a Series B Equipment Note. 12 To be inserted in the case of an Additional Series Equipment Note 13 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note or an Additional Series Equipment Note. appropriate to effectuate the subordination as provided in this Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 To be inserted in the case of a Series AA Equipment Note. 9 To be inserted in the case of a Series A Equipment Note. 10 To be inserted in the case of a Series B Equipment Note. 11 To be inserted in the case of an Additional Series Equipment Note 12 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note or an Additional Series Equipment Note.”
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Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows:
(a) The twelfth paragraph beginning with “The indebtedness evidenced by this of the form of Equipment Note” Notes is deleted in its entirety and replaced with the following: following (including the footnotes): “The indebtedness evidenced by this Equipment Note is [,]8 is[,]4 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 Notes]5 [Series AA Equipment Notes and Series A Equipment Notes]10 Notes]6 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11Notes]7 [Series AA Equipment Notes, Series A Equipment Notes, Series B Equipment Notes and [ ]8]9, and certain other Secured Obligations, and (ii)]12 ii)]10 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or appropriate to effectuate the subordination as provided in this the Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 . 4 To be inserted in the case of a Series AA Equipment Note. 9 5 To be inserted in the case of a Series A Equipment Note. 10 6 To be inserted in the case of a Series B Equipment Note. 11 7 To be inserted in the case of an the Series of Additional Series Equipment Note 12 Notes ranked most senior in priority of payment among all Series of Additional Series Equipment Notes. 8 To insert each Series of Additional Series Equipment Notes that rank senior in priority of payment to the Series of Additional Series Equipment Notes being issued. 9 To be inserted in the case of each Series of Additional Series Equipment Notes other than the Series of Additional Series Equipment Notes ranked most senior in priority of payment among all Series of Additional Series Equipment Notes. 10 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note or an Additional Series Equipment Note.”
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Samples: Indenture and Security Agreement (Jetblue Airways Corp)
Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows:
(a) The twelfth paragraph beginning with “The indebtedness evidenced by this of the form of Equipment Note” Notes is deleted in its entirety and replaced with the following: following (including the footnotes): “The indebtedness evidenced by this Equipment Note is [,]8 is[,]1 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 [Series AA Equipment Notes and Series A Equipment Notes]10 Notes]2 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11Notes]3 [Series A Equipment Notes, Series B Equipment Notes and Series C Equipment Notes]4 [Series A Equipment Notes, Series B Equipment Notes, Series C Equipment Notes and [____]5]6, and certain other Secured Obligations, and (ii)]12 ii)]7 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or appropriate to effectuate the subordination as provided in this the Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 To be inserted in the case of a Series AA Equipment Note. 9 1 To be inserted in the case of a Series A Equipment Note. 10 2 To be inserted in the case of a Series B Equipment Note. 11 To be inserted in the case of an Additional Series Equipment Note 12 3 To be inserted in the case of a Series A C Equipment Note. 4 To be inserted in the case of the Series of Additional Series Equipment Notes ranked most senior in priority of payment among all Series of Additional Series Equipment Notes. 5 To insert each Series of Additional Series Equipment Notes that rank senior in priority of payment to the Series of Additional Series Equipment Notes being issued. 6 To be inserted in the case of each Series of Additional Series Equipment Notes other than the Series of Additional Series Equipment Notes ranked most senior in priority of payment among all Series of Additional Series Equipment Notes. 7 To be inserted in the case of a Series B Equipment Note, a Series B C Equipment Note or an Additional Series Equipment Note.”
Appears in 1 contract
Samples: Indenture and Security Agreement (Spirit Airlines, Inc.)
Amendment to Section 2.01. Section 2.01 of the Original Indenture is hereby amended as follows:
(a) The paragraph beginning with “The indebtedness evidenced by this Equipment Note” is deleted in its entirety and replaced with the following: “The indebtedness evidenced by this Equipment Note is [,]8 is[,]8 [(i) to the extent and in the manner provided in the Indenture, subordinate and subject in right of payment to the prior payment in full of the Secured Obligations in respect of [Series AA Equipment Notes]9 [Series Notes]9[Series AA Equipment Notes and Series A Equipment Notes]10 [Series AA Equipment Notes, Series A Equipment Notes and Series B Equipment Notes]11, and certain other Secured Obligations, and (ii)]12 to the extent and in the manner provided in each Related Indenture, subordinate and subject in right of payment to the prior payment in full under such Related Indenture of the “Secured Obligations” in respect of the “Equipment Notes” issued under such Related Indenture, and this Equipment Note is issued subject to such provisions. The Noteholder of this Equipment Note, by accepting the same, (a) agrees to and shall be bound by such provisions, (b) authorizes and directs the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, on such Noteholder’s behalf to take any action necessary or appropriate to effectuate the subordination as provided in this Indenture or the applicable Related Indenture and (c) appoints the Loan Trustee or the Related Loan Trustee under the applicable Related Indenture, as appropriate, as such Noteholder’s attorney-in-fact for such purpose.” 8 To be inserted in the case of a Series AA Equipment Note. 9 To be inserted in the case of a Series A Equipment Note. 10 To be inserted in the case of a Series B Equipment Note. 11 To be inserted in the case of an Additional Series Equipment Note 12 To be inserted in the case of a Series A Equipment Note, a Series B Equipment Note or an Additional Series Equipment Note.”
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