Common use of Amendments to Section 8 Clause in Contracts

Amendments to Section 8. Section 8 of the Participation Agreement is hereby amended in the following respects: (i) Section 8(e) is hereby amended to be and read in its entirety as follows: (i) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trustee to act within its own discretion, it shall not, without the prior written consent of Owner Trustee, direct Indenture Trustee to take or refrain from taking any action under the Trust Indenture that requires the approval, waiver, authorization, direction or consent of, or notice from, the Holders holding a specified percentage in principal amount of Outstanding (as defined in the Trust Indenture) Certificates unless Pass Through Trustee receives a Direction (as defined in the relevant Pass Through Trust Agreement) to so direct the Indenture Trustee from Certificateholders (as defined in the relevant Pass Through Trust Agreement) holding the same percentage of Certificates (as defined in the relevant Pass Through Trust Agreement) evidencing Fractional Undivided Interests (as defined in the relevant Pass Through Trust Agreement) in the Trust (as defined in the relevant Pass Through Trust Agreement) holding the Certificates. (ii) Lessee and Pass Through Trustee hereby agree that Article X of each Pass Through Trust Agreement (to the extent relating to the Certificates) shall not be amended without the prior written consent of Owner Participant.

Amendments to Section 8. Section 8 of the Participation Agreement is hereby amended in the following respects: (i) Section 8(e) is hereby amended to be and read in its entirety as follows: (i) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trustee to act within its own discretion, it shall not, without the prior written consent of Owner Trustee, direct Indenture Trustee to take or refrain from taking any action under the Trust Indenture that requires the approval, waiver, authorization, direction or consent of, or notice from, the Holders holding a specified percentage in principal amount of Outstanding (as defined in the Trust Indenture) Certificates unless Pass Through Trustee receives a Direction (as defined in the relevant Pass Through Trust Agreement) to so direct the Indenture Trustee from Certificateholders (as defined in the relevant Pass Through Trust Agreement) holding the same percentage of Certificates (as defined in the relevant Pass Through Trust Agreement) evidencing Fractional Undivided Interests (as defined in the relevant Pass Through Trust Agreement) in the Trust (as defined in the relevant Pass Through Trust Agreement) holding the Certificates. (ii) Lessee and Pass Through Trustee hereby agree that Article X of each Pass Through Trust Agreement (to the extent relating to the Certificates) shall not be amended without the prior written consent of Owner Participant. (iii) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trustee to act within its own discretion, if requested to do so by Owner Trustee or Owner Participant, Pass Through Trustee shall request a PARTICIPATION AMENDMENT [N396SW] -3- 5 Direction from the relevant Certificateholders to establish whether Pass Through Trustee, in its capacity as a Holder, may direct the Indenture Trustee to take or refrain from taking any action under the Operative Agreements." (ii) Section 8(l) is hereby amended by deleting the references therein to the Original Loan Participant. (iii) Section 8(bb) is hereby amended to be and read in its entirety as follows:

Amendments to Section 8. Section 8 of the Participation Agreement is hereby amended in the following respects: (i) Section 8(e) is hereby amended to be and read in its entirety as follows: (i) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trustee to act within its own discretion, it shall not, without the prior written consent of Owner Trustee, direct Indenture Trustee to take or refrain from taking any action under the Trust Indenture that requires the approval, waiver, authorization, direction or consent of, or notice from, the Holders holding a specified percentage in principal amount of Outstanding (as defined in the Trust Indenture) Certificates unless Pass Through Trustee receives a Direction (as defined in the relevant Pass Through Trust Agreement) to so direct the Indenture Trustee from Certificateholders (as defined in the relevant Pass Through Trust Agreement) holding the same percentage of Certificates (as defined in the relevant Pass Through Trust Agreement) evidencing Fractional Undivided Interests (as defined in the relevant Pass Through Trust Agreement) in the Trust (as defined in the relevant Pass Through Trust Agreement) holding the Certificates. (ii) Lessee and Pass Through Trustee hereby agree that Article X of each Pass Through Trust Agreement (to the extent relating to the Certificates) shall not be amended without the prior written consent of Owner Participant.

Amendments to Section 8. Section 8 of the Participation Agreement is hereby amended in the following respects: (i) The last sentence of Section 8(b) is hereby amended by deleting the words "Section 101(16) of the Act" therein and substituting therefor the reference "49 U.S.C. Section 40102(a)(15)(C)." (ii) Section 8(e) is hereby amended to be and read in its entirety as follows: (i) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trustee to act within its own discretion, it shall not, without the prior written consent of Owner Trustee, direct Indenture Trustee to take or refrain from taking any action under the Trust Indenture that requires the approval, waiver, authorization, direction or consent of, or notice from, the Holders holding a specified percentage in principal amount of Outstanding (as defined in the Trust Indenture) Certificates unless Pass Through Trustee receives a Direction (as defined in the relevant Pass Through Trust Agreement) to so direct the Indenture Trustee from Certificateholders (as defined in the relevant Pass Through Trust Agreement) holding the same percentage of Certificates (as defined in the relevant Pass Through Trust Agreement) evidencing Fractional Undivided Interests (as defined in the relevant Pass Through Trust Agreement) in the Trust (as defined in the relevant Pass Through Trust Agreement) holding the Certificates. (iiiii) Lessee and Pass Through Trustee hereby agree that Article X of each agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trust Agreement (Trustee to the extent relating act within its own discretion, if requested to the Certificates) shall not be amended without the prior written consent of do so by Owner Trustee or Owner Participant, Pass Through Trustee shall request a Direction from the relevant Certificateholders to establish whether Pass Through Trustee, in its capacity as a Holder, may direct the Indenture Trustee to take or refrain from taking any action under the Operative Agreements."

Amendments to Section 8. Section 8 of the Participation Agreement is hereby amended in the following respects: (i) Section 8(e) is hereby amended to be and read in its entirety as follows: (i) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through Trustee to act within its own discretion, it shall not, without the prior written consent of Owner Trustee, direct Indenture Trustee to take or refrain from taking any action under the Trust Indenture that requires the approval, waiver, authorization, direction or consent of, or notice from, the Holders holding a specified percentage in principal amount of Outstanding (as defined in the Trust Indenture) Certificates unless Pass Through Trustee receives a Direction (as defined in the relevant Pass Through Trust Agreement) to so direct the Indenture Trustee from Certificateholders (as defined in the relevant Pass Through Trust Agreement) holding the same percentage in principal amount of Outstanding Certificates (as defined in the relevant Pass Through Trust Agreement) evidencing Fractional Undivided Interests (as defined in the relevant Pass Through Trust Agreement) in the Trust (as defined in the relevant Pass Through Trust Agreement) holding the Certificates. (ii) Lessee and Pass Through Trustee hereby agree that Article X of each the Pass Through Trust Agreement (to the extent relating to the Certificates) shall not be amended without the prior written consent of Owner Participant. (iii) Pass Through Trustee hereby agrees that, except as otherwise required by applicable law including, without limitation, any law which requires Pass Through (ii) Section 8(l) is hereby amended by deleting the references therein to the Original Loan Participant. (iii) Section 8(bb) is hereby amended to be and read in its entirety as follows: